View previous topic :: View next topic |
Author |
Message |
hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
|
Posted: Wed Sep 03, 2008 4:12 am Post subject: Being sued in Korea questions.......... |
|
|
So my former employer has threatened to sue me because I left his hagwon and therefore damaged his business because some students are leaving. This was after I gave him over 30 days notice. Actually, I gave him 60 days notice as is required in the contract. He then told me that I couldn't work there after 5 weeks. I said OK. Then, the day after my last day of work(last Saturday) I went to get my letter of release, and he said that his new teacher didn't arrive. He wanted me to work part time and pay rent for the next 2 weeks. I said I would think about it, but then I called him an hour later and said "No, I can't do it". He told me to be at work on Monday, or I'll be in big trouble. I said, 'Don't count on it." On Monday, I got the following letter, which is rather funny:
The other teacher gave your aptkey to me. How much shocked i am!. If you do not worktoday here, i will notice imigration office that youhave escaped. I will sue you of all of my losscaused from you. You should be responsible foreverything in the future.
So my questions are these:
What is the process of suing or being sued like?
How long does it take?
After a judgement is made, how is payment retrieved?
Have you ever heard of a teacher being sued in Korea? |
|
Back to top |
|
 |
I-am-me

Joined: 21 Feb 2006 Location: Hermit Kingdom
|
Posted: Wed Sep 03, 2008 4:21 am Post subject: |
|
|
Only animals and slaves escape!!!  |
|
Back to top |
|
 |
Join Me

Joined: 14 Jan 2008
|
Posted: Wed Sep 03, 2008 4:26 am Post subject: |
|
|
In five years I have only heard of an instructor being sued one time. That was for slandering his former boss on the Internet. I wouldn't worry about your boss. |
|
Back to top |
|
 |
sheba
Joined: 16 May 2005 Location: Here there and everywhere!
|
Posted: Wed Sep 03, 2008 4:29 am Post subject: |
|
|
Almost all of the time its a complete bluff when the school threatens to sue... And anyway if you didnt break the contract then you have nothing to worry about. Did they break the contract in any way?
I would write a letter back stating the contract clauses, the date you gave your notice, that you didnt break the contract etc, also including anything he may have done to break the contract and that you will counter sue if he goes ahead with it. |
|
Back to top |
|
 |
i4NI
Joined: 17 May 2008 Location: Seoul
|
Posted: Wed Sep 03, 2008 4:35 am Post subject: |
|
|
You have evidence of him saying he's going to lie to immigration. |
|
Back to top |
|
 |
bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
|
Posted: Wed Sep 03, 2008 4:43 am Post subject: |
|
|
He's bluffing.
Don't do the man any favors.
If he said that to me, I'd probably go to immigration myself, or pay a lawyer to give him a call. What an ass.
I'd also be recording everything he said to me.
And what the hell does he mean by, "you escaped?" Were you in jail? |
|
Back to top |
|
 |
Tathen
Joined: 10 Sep 2007
|
Posted: Wed Sep 03, 2008 4:47 am Post subject: |
|
|
i4NI wrote: |
You have evidence of him saying he's going to lie to immigration. |
A very good point.
Anyway, it's more then likely an empty threat. If you had not given 30days notice, then he might have justification for legal action, sure. If you did give notice and followed through with it, you should be fine.
However, you gave 60days notice. If you don't have proof that he told you to leave after 5weeks, perhaps he can get you on the 60day thing, even though by law it's 30days. Your promising to give 60days then leaving before that period (without proof of him saying he wanted you to leave at that time) would probably make you responsible for damages to his business.
If you have proof that he said leave before the 60days, you're golden. If not, get back to work.
If you want to fight it, take a korean friend and go to a lawyer. Lawyers aren't overly expensive here. And they usually offer a free consultation. Their office will even send an official letter to your boss for you for a small fee of around 50,000won. This would likely put any bluff on his part out into the open immediately.
Good luck, let us know how it goes.
~Tathen |
|
Back to top |
|
 |
hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
|
Posted: Wed Sep 03, 2008 4:55 am Post subject: |
|
|
I don't think he's bluffing because I think he's really crazy. That's one of many reasons why I quit. Also, I never got reimbursed for my visa run or my 2 weeks of summer vacation. To boot, his academy is a total failure and I don't want to work a year and end up not getting my last check, airfare and severance.
He will spend tens of thousands on a lawyer to sue me for less than he can claim in a case that has no merit.
I've already seen him waste 30k on a curriculum that he will never and has never used. He is the epitome of everything FTs think is illogical about Korea. He is emotionally driven and doesn't consider the outcome of his decisions.
Never dismiss the threats of a madman! |
|
Back to top |
|
 |
bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
|
Posted: Wed Sep 03, 2008 4:58 am Post subject: |
|
|
Then strike first. Take him to the labor board over his failure to pay you. |
|
Back to top |
|
 |
hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
|
Posted: Wed Sep 03, 2008 5:03 am Post subject: |
|
|
Visa run wasn't in print on the contract. he did say it in an email though. Can I go to labor and complain about vacation? I never heard of that. I've only heard about them ruling on severance and salary. |
|
Back to top |
|
 |
sojourner1

Joined: 17 Apr 2007 Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug
|
Posted: Wed Sep 03, 2008 5:14 am Post subject: |
|
|
That's a terrible situation. I feel bad for you. You've been having a really rough time for a while. My 2 cents of advice. If you want to continuing teaching in Korea, get a PS job, if not, just leave and start a new life elsewhere.
Contact the labor office tomorrow, then check with the tax and pension offices if your scoundrel employer paid in. Then proceed from there. Good luck. |
|
Back to top |
|
 |
expat2001

Joined: 28 Jan 2006
|
Posted: Wed Sep 03, 2008 4:41 pm Post subject: |
|
|
hagwonnewbie wrote: |
I don't think he's bluffing because I think he's really crazy. That's one of many reasons why I quit. Also, I never got reimbursed for my visa run or my 2 weeks of summer vacation. To boot, his academy is a total failure and I don't want to work a year and end up not getting my last check, airfare and severance.
He will spend tens of thousands on a lawyer to sue me for less than he can claim in a case that has no merit.
I've already seen him waste 30k on a curriculum that he will never and has never used. He is the epitome of everything FTs think is illogical about Korea. He is emotionally driven and doesn't consider the outcome of his decisions.
Never dismiss the threats of a madman! |
If I remember correctly ; by law , the employer is suppose to pay for the visa run.If the employer doesnt pay for the visa , then the visa is invalid.
However ,I could be wrong.
I seem to remember a case ; a few years back , where the teacher claimed the employer never paid for the visa run, and therefore was released from his contract. |
|
Back to top |
|
 |
TheChickenLover
Joined: 17 Dec 2007 Location: The Chicken Coop
|
Posted: Wed Sep 03, 2008 6:27 pm Post subject: |
|
|
Emails are proof of intentions. If he promised you in an email and he doesn't, you can use that against him.
If you resigned via email and you have a record of him acknowledging this via email, then the email time stamp is proof enough.
You're in the clear.
If he's as nutty as you think, perhaps you should change and become somewhat unpredictable and nutty yourself. You're in a bad spot now, may as well have some fun with it.
Chicken |
|
Back to top |
|
 |
|