Korean Job Discussion Forums

whoami · Joined: 07 May 2008

I believe I'm about to lose a few cases (severance, which I thought was cut and dry, and one month's salary for dismissal without 30 days' notice; my directors are pulling the old 'he walked out on us' trick) I brought to the Labour Board in May. To cut a long story short, the officer who handled the case screwed up. Can I do anything about it?

Whistleblower · Joined: 03 Feb 2007

Any chance you can say what you want in layman's terms?

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

Not showing up and/or walking out are common hagwon tactics at Labor hearings.
BUT, just because the hagwon may pull this tactic, it doesn't guarantee a victory for the foreign teacher.
You must still proceed in a professional manner, with all of your documentation, and present a strong case.

CentralCali · Joined: 17 May 2007

By "old walked out trick," do you mean the boss is accusing you of walking out on them before the end of your contract?

Tobias · Joined: 02 Jun 2008

By law, you're entitled to severance if you've completed a full year obligation.

What is 'dismissal pay'? I assume it's your final salary jack, only prorated.

whoami · Joined: 07 May 2008

CentralCali · Joined: 17 May 2007

Well, do you have proof that you stayed until the end of the contract? If he told you were fired but did not provide you written notice, you're shafted if you walked out then.

It's been said here by a number of people a number of times: You are not fired unless it's in writing!

Tobias · Joined: 02 Jun 2008

That's true. You'll need that letter of release, my friend.

whoami · Joined: 07 May 2008

I was dismissed five months into my second contract, in May. My own stupid fault for re-signing when I knew what he was like. The only proof that I stayed until the date I was fired is the role-call/register, which, I think, they've shredded by now. They haven't cancelled my visa, or at least hadn't when I last checked, so I hope that there's something in that where I can get at them. I did turn up for work the day after I was dismissed, but the directors threatened to call the police. They have constantly refused to give me anything in writing, and the Labour Board haven't made any effort in this matter either. One thing I do have in my favour is that the testaments given by my directors and their employees is that they seem not to have collaborated their story, preferring the mud throwing approach, but this has been overlooked by the officer handling my case. Thanks for your help anyway.

CentralCali · Joined: 17 May 2007

In other words, you walked without written notice of dismissal. You're wasting your time. The threat to call the police is ridiculous. No director is going to call the cops while there is any chance that a student sees them arrive. That's the very last thing he wants the parents to hear about. Anyway, you have a contract requiring your presence there.

The roll call book is meaningless as far as the Labor Board is concerned. The testaments are meaningless as far as the Labor Board is concerend. Everything except for the fact that you left before the end of your contract is meaningless as far as the Labor Board is concerned.

Right now, I would think the very last thing you want to happen is have your complaint determined by a Labor Board officer. That's because you will likely lose and it's not because you're not Korean. It's because you walked out on the boss without notice. That's for the 30-days' pay.

If you had not received your severance pay already for the first 12-month contract, you will prevail for that--that one, at least, is a "gimme." Of course, if the boss wants to play hardball, you might have to sue him in the regular court to force payment. Getting pro-rated severance for the five months of your second year is, to be blunt, a pipe dream.

And the fact that you did not report your resignation from employment is incredibly meaningful to Immigration. What you can try is to keep showing up for work until you get the boss to sign a Letter of Release, telling him that it's what you need so his government is aware that you no longer work for him.

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

In retrospect, you should have forced him to call the police.

So, the owner has testified that you've been fired? Go to Immigration and tell them that you've been fired, and that it's part of the Labor testimony. See if they'll release you from that visa so you can work again.

whoami · Joined: 07 May 2008

I turned up one evening to try and force them to give me a LoR, and they did actually call the police. There were still a few students there, and when the cops arrived, they all huddled into the corridor, watching my director's wife tell the officers present that I was mentally ill, amongst other things. In the end, the police just told me not to cause such a disturbance, as there were kids studying there.

I'm not exactly sure what they wrote in their evidence, in fact it's entirely possible that the officer in charge advised them what to write. Although they had mentioned it when questioned about it, whether it's down in ink I can't say for sure.

I did visit the Immigration Office to tell them about the situation; it was the first thing I did back in May. They simply told me that unless my boss came down with me, they wouldn't cancel my visa. Today, I went to the Labour Board again, to ask them about this; another officer phoned my ex-boss up and he told the officer that he had my visa cancelled last Friday. So I called the Immigration Service on 1345, and they said my visa was still valid.

CentralCali · Joined: 17 May 2007

Now I'm convinced your posts in this thread are just a lark. Good riddance.

whoami · Joined: 07 May 2008

I'm sorry that you believe this is a wind up, thanks anyway for the advice.

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

Hagwon owners often pull that "foreign teacher walked off" line of BS when, in fact, they verbally fired the foreign teacher.

If that happens to you, DO NOT LEAVE.

INSIST that you will not leave the school, during your regular teaching hours, or your apartment, until you get a notice of termination, IN WRITING.

If you do NOT get it in writing, keep showing up for work.

If you get it, IN WRITING, file with Labor for wrongful termination because, in Korea, there is a 30-day notice required for a legal termination of employment.

That day, or the next, go to Labor and Immigration.

First, go to Labor to file for monies owed and wrongful termination. Then, go to Immigration, AFTER you file with Labor, and let them know that you were fired and show them your termination notice and/or a copy of what you filed at Labor. Let Immigration know that you are still in Korea and that you intend to fight for your legal rights. Ask Immigration to either put a hold on your visa or release you from the E2 so you can work in Korea while your case proceeds.
This is important because MANY hagwon owners go to Immigration and lie, and tell Immigration that you simply walked off and quit. Then, Immigration issues a 14 day exit order for you, and, once you are found by Immigration, you will be deported, even if you have a legal case with Labor against your hagwon.
Immigration believes the FIRST person (you or the hagwon owner) who tells them what is happening.
Do EVERYTHING as quickly as you can so you can have a chance to have a fair Labor hearing AND you can work, LEGALLY, in Korea while your case works it's way through the Korean labor law system.

Take it from someone who has done it this way- you can win, but you gotta move quickly and with "smarts."