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daveymac
Joined: 15 May 2008
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Posted: Mon Jun 23, 2008 7:54 am Post subject: after 3.5 years....fired with 2 weeks notice |
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i need some advice. ive been working at the same school for 3.5 years. i was fired with two weeks notice because my boss just wanted to hire someone part-time (and pay them under the table) so they wouldnt have to provide the apartment.
they have offered to pay for 1/2 of my ticket home (because i bought a round-trip ticket for vacation) plus a pro-rated portion of my severance (since the last time i re-signed...5 months ago).
13 days before my vacation trip home i was told to not come back.
what can i do? am i entitled to anything? is it worth fighting over? |
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Roch
Joined: 24 Apr 2003 Location: Seoul
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Posted: Mon Jun 23, 2008 8:13 am Post subject: Re: after 3.5 years....fired with 2 weeks notice |
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daveymac wrote: |
i need some advice. ive been working at the same school for 3.5 years. i was fired with two weeks notice because my boss just wanted to hire someone part-time (and pay them under the table) so they wouldnt have to provide the apartment.
they have offered to pay for 1/2 of my ticket home (because i bought a round-trip ticket for vacation) plus a pro-rated portion of my severance (since the last time i re-signed...5 months ago).
13 days before my vacation trip home i was told to not come back.
what can i do? am i entitled to anything? is it worth fighting over? |
Daveymac:
You must fight this incredibly unfair example of yet another E.F.L. instructor getting shafted by a local monster.
If you've the financial and emotional backing necessary to fight a Local Crook with the assistance of the Labour Board in your Gu and, ultimately, in Civil Court, then whack her or him as quick as possible in the pocketbook/wallet by starting the Gu Labour Board proceedings tomorrow!
Please send me a P.M. for the name of a woman who's taking her former boss in Gangnam-Gu to the cleaners via this process.
In the meantime, check out www.icebergradio.com for a taste of your hometown as it'd, in my opinion, do anyone in your shoes some good!
ROCH |
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raclos234
Joined: 24 Mar 2007 Location: korea
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Posted: Mon Jun 23, 2008 10:21 am Post subject: Re: after 3.5 years....fired with 2 weeks notice |
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Quote: |
i ive been working at the same school for 3.5 years. i was fired with two weeks notice because my boss just wanted to hire someone part-time (and pay them under the table) so they wouldnt have to provide the apartment. |
what a f'n ingrate. check all ur legall avenues and take care of urself first. then think of a way to handle that m'fer of a boss. |
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Roch
Joined: 24 Apr 2003 Location: Seoul
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Posted: Mon Jun 23, 2008 10:26 am Post subject: |
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A polite bump is all this post needs, eh.
R&B |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Mon Jun 23, 2008 1:45 pm Post subject: |
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Contact the Labor Board immediately. They will tell you what your legal rights are. Clearly you have been treated unjustly. It looks to me like you are entitled to 7 months salary since you are only 5 months into the contract.
Good luck. |
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Thiuda

Joined: 14 Mar 2006 Location: Religion ist f�r Sklaven geschaffen, f�r Wesen ohne Geist.
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Posted: Mon Jun 23, 2008 3:21 pm Post subject: |
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Sorry to hear about your bad luck. My understanding of the situation is this; if you've been working at a place for more than two years, you cannot not be rehired for any reason but gross incompetence. This means that you can sue them for wrongful dismissal. This is true for universities that impose term limits and hagwons.
My info is second hand, from a person suing his former employer after having been terminated after six years. Said person took a lawyer and was told what I wrote above. For him this meant a sizable cash settlement.
Best of luck. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Mon Jun 23, 2008 3:47 pm Post subject: |
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Thiuda wrote: |
...if you've been working at a place for more than two years, you cannot not be rehired for any reason but gross incompetence. |
Gee, I've just been rehired by my employer and I don't consider myself incompetent (and I don't think the employer does either). |
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regicide
Joined: 01 Sep 2006 Location: United States
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Posted: Mon Jun 23, 2008 4:21 pm Post subject: |
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Sounds like you have been "laid off." It happens all the time , all over the world.
From Wiki:
At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e. a union). Under this legal doctrine:
� any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1] �
Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee.
Since this reduces job security, it can create, in theory, an atmosphere of fear that may contribute to workplace bullying[citation needed]. As a means of downsizing, such as closing an unprofitable factory, a company may terminate employees en masse. However, there are legal limitations upon the employer's ability to terminate without reason. |
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pkang0202

Joined: 09 Mar 2007
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Posted: Mon Jun 23, 2008 4:40 pm Post subject: |
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I don't think the At-will employment works in Korea like it does in the US.
Also, in the US, you DO have protections. Even though you sign that piece of paper that says, "The Employer can terminate you for any reason they deem fit, and they don't have to tell you why.", it doesn't mean jack squat. An employer in the US can NOT terminate you for any reason. For instance, they can't terminate you for your race, male/female, religion, etc....
Of course, no workplace is going to flat out say, "You're fired because you are black." They will find some other reason to do so. However, there are protections in place where you can report a wrongful termination.
Anyways, back to the OP:
Get a lawyer. See what your options are. I hope you have a clean record at your hagwon. Have you ever been written up? If you are a squeaky clean teacher who's worked honestly for 3.5 years and suddenly fired with only 2 weeks notice then you have yourself a good case. |
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Bramble

Joined: 26 Jan 2007 Location: National treasures need homes
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Posted: Mon Jun 23, 2008 5:16 pm Post subject: |
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I believe they're required to give you a month's notice, or a month's pay in lieu of notice. Did you get severance based on 3.5 years, though? If so, the other two weeks' pay may not be worth fighting over. If you're still in Korea you can go to the labour board, but if you've already left the country you'd probably have to spend more than that to get your money back. |
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ChinaBoy
Joined: 17 Feb 2007
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Posted: Mon Jun 23, 2008 6:35 pm Post subject: |
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can't you just get a new job? what is wrong with that?
take the air fare and bonus they're offering you and go back to work somewhere else, stop looking for a handout |
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ulsanchris
Joined: 19 Jun 2003 Location: take a wild guess
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Posted: Mon Jun 23, 2008 7:21 pm Post subject: |
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cruisemonkey wrote: |
Thiuda wrote: |
...if you've been working at a place for more than two years, you cannot not be rehired for any reason but gross incompetence. |
Gee, I've just been rehired by my employer and I don't consider myself incompetent (and I don't think the employer does either). |
read it more carefully. it says cannot NOT be rehired. |
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Tommy

Joined: 24 Aug 2005
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Posted: Tue Jun 24, 2008 1:03 am Post subject: Re: after 3.5 years....fired with 2 weeks notice |
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daveymac wrote: |
because my boss just wanted to hire someone part-time (and pay them under the table) so they wouldnt have to provide the apartment. |
If you don't bother to go the lawyer route, wait until he does this. Then inform immi of this illegal work and your former boss will get fined. |
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Trevor
Joined: 16 Nov 2005
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Posted: Tue Jun 24, 2008 2:27 am Post subject: Re: after 3.5 years....fired with 2 weeks notice |
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Here's the thing, working in Korea isn't about love. It's about money. It sounds like they are being reasonably up front about it -- and yea, I would fight for the best terms possible regarding severance issues, particularly given the years of sevice you have put in. But if they want to let you go for financial reasons...well...it's time to look for greener pastures. I'll bet you'll find a better job in a very short time.
daveymac wrote: |
i need some advice. ive been working at the same school for 3.5 years. i was fired with two weeks notice because my boss just wanted to hire someone part-time (and pay them under the table) so they wouldnt have to provide the apartment.
they have offered to pay for 1/2 of my ticket home (because i bought a round-trip ticket for vacation) plus a pro-rated portion of my severance (since the last time i re-signed...5 months ago).
13 days before my vacation trip home i was told to not come back.
what can i do? am i entitled to anything? is it worth fighting over? |
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