Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Coworkers dies, I get "fired".
Goto page 1, 2, 3  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum
View previous topic :: View next topic  
Author Message
NicRenee



Joined: 10 Apr 2007
Location: Seoul

PostPosted: Mon Feb 04, 2008 6:56 pm    Post subject: Coworkers dies, I get "fired". Reply with quote

I work for a public elementary school, though they pay a company to manage the classes - It's one of those slightly-shady after-school deals. You know, dummy bank account, etc.

I am scheduled to leave my school (via letter of release) on February 23rd. My contract ends 3 weeks later, but I needed to be out by then in order to start my new University job. School doesn't have to pay my severance, I'm out in time for the Uni, everyone's happy. That part couldn't have gone more smoothly.

About 10 days ago, my dear friend and coworker (ONLY coworker at this school, mind you) passed away suddenly from a heart attack. It's been a devastating week or so, to say the least. The same day this happened was the day before the new "term" was to start, and the day my company would have ordered books.

Because of his death, I was given all his students, which of course doubled my class load, and we delayed the start of the new term pending level testing and new hires. All last week and yesterday I have been scrambling to write lessons without any texts. This is because the school and my company begin to be at odds about the solution - should we have only one teacher for the program? Hire two? etc...

Yesterday, the manager of my company and some evidently horrible woman that works at my school (I know nothing about her, never even spoken to her) got into screaming matches and our company was fired immediately. I was notified that today would be my last day and, AND, that I probably wouldn't be paid for the next 3 weeks, OR last week, because the term didn't start. That's a month of pay I'm without.

I have two contracts. The one with my company says they must give me something like 30 days notice if they can no longer employ me, unless of course I do something worthy of firing. The other is a contract with the school, written in Korean, which I don't have a copy of (I know, I know...) that's basically a dummy contract anyway. Because I'm pretty much a sole proprietor, according to the contract, I can be fired at a moment's notice. At least that's my understanding anyway.

I'm not sure of the legality of what the school and my company do. I'm going to try and peacefully resolve this, but I'm worried the only leg I have to stand on is some labor board bullsh*t. I really don't want it to come to that. My question is, what can I do? What SHOULD I do? What should I say and to whom should I talk? Should I approach the school directly? I really don't ever deal with them, though I do communicate with some of the teachers. Should I threaten my company with notification to the labor board? What is the law on this sort of thing anyway? I'm really not sure. If anyone can answer one or more of my questions or has other helpful comments it would be so much appreciated. Oh, and thanks for taking the time to read my lengthy post.
Back to top
View user's profile Send private message
RACETRAITOR



Joined: 24 Oct 2005
Location: Seoul, South Korea

PostPosted: Mon Feb 04, 2008 7:32 pm    Post subject: Reply with quote

I'd say steal a computer and call it even.
Back to top
View user's profile Send private message Visit poster's website
roknroll



Joined: 29 Dec 2007

PostPosted: Mon Feb 04, 2008 7:50 pm    Post subject: Reply with quote

you have no recourse against the company, as this was an illegal relationship vis a vis the teaching position. that's the reason for the 'dummy' bank account. immy and other gov't agencies know about this but do nothing to curb it. you only have one contract, that is with the school (if you have a 'contract' with the company, it might as well have been written on toilet paper because it's not a legal contract, therefore it isn't recognized).

who gave you your notice of dismissal? a company rep? if so, i wouldn't trust this as they probably want to 'screw' the school for firing them. you are distinct from the company. if the school is happy with you, there should be no problem...they fired the company not you (again, who fired you?). even if it were the school that fired you, you still get your notice as per the contract, which is likely 30 days. so, find someone at the school to talk to about this. be diplomatic/tactful etc. and distance yourself from the company if need be. your only contract is with the school and they owe you, not the company anymore.
Back to top
View user's profile Send private message
The Grumpy Senator



Joined: 13 Jan 2008
Location: Up and down the 6 line

PostPosted: Mon Feb 04, 2008 8:42 pm    Post subject: Reply with quote

Why would you put yourself in a situation like this? Dummy bank accounts, shady after-school programs???

I hate to say it, but I don't think there is anything you can do except hold on until the University gig starts and chalk it up to "lesson learned." The Labor Board will say that you were working illegally and that will only cause more problems for you.

I cannot comprehend why people come to work in a foreign contry and then put themselves in situations where they can be screwed. Research the position you are applying for and make sure you are protected. If everyone does this, the problems and dishonesty from business (hagwon)owners will decrease.

Good luck to you.
Back to top
View user's profile Send private message
NicRenee



Joined: 10 Apr 2007
Location: Seoul

PostPosted: Mon Feb 04, 2008 9:02 pm    Post subject: Reply with quote

Everyone is subject to the law, no matter how "shady". I've been in Korea for a while, I knew the risk I was taking. And therefore, even if I don't get what's owed me it was still worth it. That being said, just because there's a dummy bank account doesn't mean I deserve to be screwed over. I do my job well and follow the contract - there are ways of enforcing them.

What I DO want to hear are helpful tips on dealing with this WITHOUT going to the labor board. Thanks to those with productive ideas.
Back to top
View user's profile Send private message
roknroll



Joined: 29 Dec 2007

PostPosted: Mon Feb 04, 2008 9:04 pm    Post subject: Reply with quote

The Grumpy Senator wrote:
Why would you put yourself in a situation like this? Dummy bank accounts, shady after-school programs???

I hate to say it, but I don't think there is anything you can do except hold on until the University gig starts and chalk it up to "lesson learned." The Labor Board will say that you were working illegally and that will only cause more problems for you.

I cannot comprehend why people come to work in a foreign contry and then put themselves in situations where they can be screwed. Research the position you are applying for and make sure you are protected. If everyone does this, the problems and dishonesty from business (hagwon)owners will decrease.

Good luck to you.


the OP was not working illegally. the contract with the school is legit. what's not legit is the banking arrangement. the OP could be responsible for the taxes on the surplus amount in the account (total amount - his pay). research is important, but this one may be a bit tougher. some companies are upfront and tell you about the arrangement. others do not and inform you of the banking arrangement after your visa has been processed. so what everyone should know is that you must deal with schools directly--agents merely introduce the parties--after that all arrangements are made with the contracting school (companies are not permitted to get involved beyond the intro).
Back to top
View user's profile Send private message
ultra



Joined: 09 Nov 2007
Location: Book Han Gook Land Of Opportunity

PostPosted: Mon Feb 04, 2008 10:17 pm    Post subject: Reply with quote

A recruiter owes me 1.2 million won.
She says she can't pay because the university that sponsored the program won't pay her.

My idea is to go to her office and sit there and wait until I get paid.
The sooner I get paid the sooner I leave.

If you go with me as a backup, I will do the same for you.
Back to top
View user's profile Send private message
CentralCali



Joined: 17 May 2007

PostPosted: Mon Feb 04, 2008 10:20 pm    Post subject: Reply with quote

roknroll: It doesn't matter how up front the company is about the banking arrangement. It's illegal to have someone else's banking account in your name.

NicRenee: Then you knew you were participating in an illegal arrangement. The Labor Board's not going to help you with that nor are the courts.
Back to top
View user's profile Send private message
NicRenee



Joined: 10 Apr 2007
Location: Seoul

PostPosted: Mon Feb 04, 2008 10:23 pm    Post subject: Reply with quote

CentralCali wrote:
roknroll: It doesn't matter how up front the company is about the banking arrangement. It's illegal to have someone else's banking account in your name.


I THINK, though I'm not sure, they get around this by it still being MY account. And instead of me transfering the funds for them, they do it themselves. Still shady, but it's still technically my account. For example, if I went down to close it right now, anything that's in it (nothing, I'm sure) would be mine. Hmmm...actually, I think I'll go do that right now.
Back to top
View user's profile Send private message
CentralCali



Joined: 17 May 2007

PostPosted: Mon Feb 04, 2008 10:25 pm    Post subject: Reply with quote

The don't get around the law by it being your account. You participate in them breaking the law by providing an illegal account for them to funnel funds.
Back to top
View user's profile Send private message
NicRenee



Joined: 10 Apr 2007
Location: Seoul

PostPosted: Mon Feb 04, 2008 10:33 pm    Post subject: Reply with quote

CentralCali wrote:
The don't get around the law by it being your account. You participate in them breaking the law by providing an illegal account for them to funnel funds.


It's true, the way they do it is against the law, however, the bank account really isn't much of a part of it. The way it works is that the school pays "me", and then I pay the company to manage the program, order the books, handle registration, etc. It would be the same if I simply hired an outside company and paid them myself. Equally as illegal I'm sure, but having a second bank account helps protect them. I'm not saying it's good, I'm just saying it's not illegal for me to have an account and then give someone else "permission" to make transfers for me - as far as I know anyway.
Back to top
View user's profile Send private message
nateium



Joined: 21 Aug 2006
Location: Seoul

PostPosted: Mon Feb 04, 2008 10:33 pm    Post subject: Re: Coworkers dies, I get "fired". Reply with quote

NicRenee wrote:
I work for a public elementary school, though they pay a company to manage the classes - It's one of those slightly-shady after-school deals. You know, dummy bank account, etc.

I am scheduled to leave my school (via letter of release) on February 23rd. My contract ends 3 weeks later, but I needed to be out by then in order to start my new University job. School doesn't have to pay my severance, I'm out in time for the Uni, everyone's happy. That part couldn't have gone more smoothly.

About 10 days ago, my dear friend and coworker (ONLY coworker at this school, mind you) passed away suddenly from a heart attack. It's been a devastating week or so, to say the least. The same day this happened was the day before the new "term" was to start, and the day my company would have ordered books.

Because of his death, I was given all his students, which of course doubled my class load, and we delayed the start of the new term pending level testing and new hires. All last week and yesterday I have been scrambling to write lessons without any texts. This is because the school and my company begin to be at odds about the solution - should we have only one teacher for the program? Hire two? etc...

Yesterday, the manager of my company and some evidently horrible woman that works at my school (I know nothing about her, never even spoken to her) got into screaming matches and our company was fired immediately. I was notified that today would be my last day and, AND, that I probably wouldn't be paid for the next 3 weeks, OR last week, because the term didn't start. That's a month of pay I'm without.

I have two contracts. The one with my company says they must give me something like 30 days notice if they can no longer employ me, unless of course I do something worthy of firing. The other is a contract with the school, written in Korean, which I don't have a copy of (I know, I know...) that's basically a dummy contract anyway. Because I'm pretty much a sole proprietor, according to the contract, I can be fired at a moment's notice. At least that's my understanding anyway.

I'm not sure of the legality of what the school and my company do. I'm going to try and peacefully resolve this, but I'm worried the only leg I have to stand on is some labor board bullsh*t. I really don't want it to come to that. My question is, what can I do? What SHOULD I do? What should I say and to whom should I talk? Should I approach the school directly? I really don't ever deal with them, though I do communicate with some of the teachers. Should I threaten my company with notification to the labor board? What is the law on this sort of thing anyway? I'm really not sure. If anyone can answer one or more of my questions or has other helpful comments it would be so much appreciated. Oh, and thanks for taking the time to read my lengthy post.


Tell the school ASAP that you want to finish your year, and that you don't need the company. Go out and buy your own books. If the school agrees you can make even more money because the company isn't skimming it.
Back to top
View user's profile Send private message AIM Address
NicRenee



Joined: 10 Apr 2007
Location: Seoul

PostPosted: Mon Feb 04, 2008 10:36 pm    Post subject: Re: Coworkers dies, I get "fired". Reply with quote

nateium wrote:


Tell the school ASAP that you want to finish your year, and that you don't need the company. Go out and buy your own books. If the school agrees you can make even more money because the company isn't skimming it.


I totally hear you and I would do this if 2 things weren't the case:

1. I need to finish in 2 weeks anyway. It would be a lot of trouble to order books and process a program for that short of time.

2. The woman at the school who is evidently instigating all this is the wife of the owner of a local big-name hagwan. Supposedly, her husband is already coming in to scrape up the business. She's actually been trying to make our program close for a long time and I think she used the passing of my coworker as her opportunity to snake in there.
Back to top
View user's profile Send private message
CentralCali



Joined: 17 May 2007

PostPosted: Mon Feb 04, 2008 10:37 pm    Post subject: Reply with quote

NicRenee wrote:
CentralCali wrote:
The don't get around the law by it being your account. You participate in them breaking the law by providing an illegal account for them to funnel funds.


It's true, the way they do it is against the law, however, the bank account really isn't much of a part of it. The way it works is that the school pays "me", and then I pay the company to manage the program, order the books, handle registration, etc. It would be the same if I simply hired an outside company and paid them myself. Equally as illegal I'm sure, but having a second bank account helps protect them. I'm not saying it's good, I'm just saying it's not illegal for me to have an account and then give someone else "permission" to make transfers for me - as far as I know anyway.


It's completely illegal when you are the employee and you're not really paying them. You're funnelling their income through your account, thus allowing them to circumvent a number of laws relating to that money. If you do decide to take up your case with the authorities, be prepared for a financial shock.


Last edited by CentralCali on Mon Feb 04, 2008 10:38 pm; edited 2 times in total
Back to top
View user's profile Send private message
nateium



Joined: 21 Aug 2006
Location: Seoul

PostPosted: Mon Feb 04, 2008 10:37 pm    Post subject: Reply with quote

roknroll wrote:


the OP was not working illegally. the contract with the school is legit. what's not legit is the banking arrangement. the OP could be responsible for the taxes on the surplus amount in the account (total amount - his pay). research is important, but this one may be a bit tougher. some companies are upfront and tell you about the arrangement. others do not and inform you of the banking arrangement after your visa has been processed. so what everyone should know is that you must deal with schools directly--agents merely introduce the parties--after that all arrangements are made with the contracting school (companies are not permitted to get involved beyond the intro).


If the school likes her (and she can tread water without a korean manager/translator for a semester), she may be able to convince them to just forgo the dummy account, and deposit directly into her account. Forget the damned company. For the school, it's just a matter of changing the number on the pay slip! The visa and contract with the school are the same!
Back to top
View user's profile Send private message AIM Address
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum All times are GMT - 8 Hours
Goto page 1, 2, 3  Next
Page 1 of 3

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International