Korean Job Discussion Forums

daveymac · Joined: 15 May 2008

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?

Roch · Joined: 24 Apr 2003 Location: Seoul

raclos234 · Joined: 24 Mar 2007 Location: korea

Roch · Joined: 24 Apr 2003 Location: Seoul

A polite bump is all this post needs, eh.

R&B

Ya-ta Boy · Joined: 16 Jan 2003 Location: Established in 1994

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.

Thiuda · Posted: Mon Jun 23, 2008 3:21 pm Post subject:

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.

cruisemonkey · Posted: Mon Jun 23, 2008 3:47 pm Post subject:

regicide · Joined: 01 Sep 2006 Location: United States

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.

pkang0202 · Joined: 09 Mar 2007

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.

Bramble · Joined: 26 Jan 2007 Location: National treasures need homes

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.

ChinaBoy · Joined: 17 Feb 2007

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

ulsanchris · Joined: 19 Jun 2003 Location: take a wild guess

Tommy · Joined: 24 Aug 2005

Trevor · Joined: 16 Nov 2005

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.