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hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
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Posted: Mon Jul 28, 2008 6:50 am Post subject: What happens when I'm fired? |
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I maybe fired because my boss is angry that I offered him my letter of resignation giving him 60 days notice. It's a small hagwon on the verge of failure, and I didn't want to sink his ship, however I don't want to be on it either.
How long would I have to get out of my apartment? Can he forcibly have me removed the next day? I know that he's supposed to give 30 days and I may be able to recover that pay by going through the channels with the labor board, but I think flights home are limited and expensive. Yes, I have a signed and stamped contract. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Mon Jul 28, 2008 7:17 am Post subject: |
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I've read, in a number of areas, that you CANNOT be forcibly evicted from your apartment in Korea. Of course, if he stops paying the rent...
Having said that, it doesn't mean, at all, that your director won't threaten
you, scream at you, enter your apartment without your knowledge, etc.
What that means is that if you anticipate this CHANGE THE LOCKS NOW.
He's unlikely to break the door down, as no doubt he'd have to pay for it (unless he could withhold it from your pay...)
Also, Labor Board often helps with these attempted forced evictions by schools. |
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reimund
Joined: 01 Oct 2007
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Posted: Mon Jul 28, 2008 7:33 am Post subject: |
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Zaria32 wrote: |
I've read, in a number of areas, that you CANNOT be forcibly evicted from your apartment in Korea. Of course, if he stops paying the rent...
Having said that, it doesn't mean, at all, that your director won't threaten
you, scream at you, enter your apartment without your knowledge, etc.
What that means is that if you anticipate this CHANGE THE LOCKS NOW.
He's unlikely to break the door down, as no doubt he'd have to pay for it (unless he could withhold it from your pay...)
Also, Labor Board often helps with these attempted forced evictions by schools. |
Hmmm. This is what my previous employer did to me (evict me from the apt.) when I gave them 2 weeks' notice instead of 30 days'. I was working on an F4 visa, though. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Mon Jul 28, 2008 9:13 am Post subject: |
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By evict you, do you mean they came yelling and screaming at you to get out, and you did?
That's not an eviction, that's yelling and screaming at you and you saying
color me gone.
And eviction requires appearances in court, execution of the eviction by
court officials, etc. It takes time... |
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spliff

Joined: 19 Jan 2004 Location: Khon Kaen, Thailand
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Posted: Mon Jul 28, 2008 2:01 pm Post subject: |
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Got that resignation dated and signed by ur boss? |
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reimund
Joined: 01 Oct 2007
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Posted: Mon Jul 28, 2008 2:43 pm Post subject: |
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Zaria32 wrote: |
By evict you, do you mean they came yelling and screaming at you to get out, and you did?
That's not an eviction, that's yelling and screaming at you and you saying
color me gone.
And eviction requires appearances in court, execution of the eviction by
court officials, etc. It takes time... |
Yea, it was definitely the first one. Bastards! |
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hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
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Posted: Mon Jul 28, 2008 3:24 pm Post subject: |
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Does it matter if it's signed by the boss? I did it as a service to him. I'd be happy to leave a little sooner except ticket prices for the next few weeks are really high. I also need to wrap up some business in the next few weeks. I might run anyway. My co-worker revealed the details of their conversation. Apparently he really resents me. When I talk to him, however he is really mature and everything's cool. Makes me think he's a little nuts.
I did email him a copy of the letter if that's worth anything. |
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afsjesse

Joined: 23 Sep 2007 Location: Kickin' it in 'Kato town.
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Posted: Mon Jul 28, 2008 4:42 pm Post subject: |
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It's just a piece or paper. He may just fire you, which is illegal but you could go to the labor board if you want to draw it out. My advice is to finnish out the month and leave. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Mon Jul 28, 2008 5:00 pm Post subject: |
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You have to be tough but don't do anything foolish.
Keep your documents in a safe place, maybe with a friend, and make copies of everything.
Don't believe anything about being fired, if it's done verbally. If the boss fires you, don't leave. Continue to work. In fact, maintain your regular schedule UNTIL you are fired IN WRITING. If he "fired" you, verbally, and you leave, he may call Immigration and tell them that you quit. It happens with scumbag hagwon owners. They learn these legal manuvers at Hogwan association meetings.
They MUST give you 30 days notice for a legal firing, OR pay you for 30 days.
If you are fired, IN WRITING, file a complaint at Labor ASAP. The forms at Labor are all in Korean, so you will need help from someone who knows Korean. Someone can type up a statement for you, in Korean, and you can attach that to the form you file at Labor. This is a good idea, because whatever you file will be seen by your hogwan owner. This way, he knows you are SERIOUS about staying and fighting for what you are owed.
Then, go to the Immigration office, ASAP, and show them that you have been fired and filed with Labor. Show them the dismissal notice and a copy of what you filed at Labor. Ask them to release you from your E2 visa. They CAN do this. If Immigration says no, ask them to put your Visa status on hold until after the Labor hearing.
It's VITAL that you go to Immigration after filing with Labor because many rotten hogwan owners will go to Immigration and report you as a runner and cancel your visa. Immigration will believe him, if he gets there first, and will issue an exit order. Get there FIRST and explain what's REALLY going on.
Protect your documents until the day of the hearing. Don't give anyone at Labor originals of anything until your hearing date.
If it gets past the point of filing at Labor, let us know and those of us who've been through this can give you more advice. |
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hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
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Posted: Mon Jul 28, 2008 6:57 pm Post subject: |
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how long do I have on the exit order? |
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moosehead

Joined: 05 May 2007
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Posted: Tue Jul 29, 2008 7:43 pm Post subject: |
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not more than 30 days - I went to immi once with a rep from my hakwon and immi asked me directly how much time did I want and I said 30 was fine - I don't think they will do more than that - if you get less and need more, and you aren't there at immi, they would probably extend it for you if you went in and asked so that it would total 30 if you needed it. |
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