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I am getting fired from my Hogwon!
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Sahara95355



Joined: 25 Mar 2008

PostPosted: Mon Dec 01, 2008 1:26 am    Post subject: I am getting fired from my Hogwon! Reply with quote

I sure there are topics about getting fired in Korea on Daves web sight however after spending sometime searching I could not find them. Here is my topic.

I am not here to assign blame for my situation. I am here for some advice from Veteran teachers who have been in similar situations or knows someone who has.

My hogwon is pressuring me to resign has given me a six week notice to leave. However I never received any letter from the hogwon and my recruiter told me the news after I finished work. The hogwon where I worked said I can have a copy of the six week notice if I sign their resignation letter.

I have some questions:

1. Why does the Hogwon wants me to resign instead of firing me?
I did not violate any terms of my contact.

2. Why does the Hogwon want me to sign a resignation letter which I fill out with my signature, my address in Korea, passport and Alien Card number?

3. I also think my Hogwon had violated the terms of my E-2 visa by having me work for another Hogwon that has a different owner teaching classes there one a week. What would happen to me if I turned them into immigration?

4. The director tried to videotaped the meeting with me demanding that I sign the resignation letter. So far I have refused to sign the resignation letter. Why do they do that?

5. Would it help if I went down to immigration to find out my rights, and explain the situation with them?

6. What would happen to me if I did a midnight run?

I have no interest in visiting there, but I have made vacation plans to go to another country later and I would have to fly in out of Korea to get there.

7. The last question should I make up my own resignation letter and pressure them into signing it?

I want to know all of my options, before I decide on any course of action.
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marlow



Joined: 06 Feb 2005

PostPosted: Mon Dec 01, 2008 1:29 am    Post subject: Reply with quote

How long have you worked there?


Oh yeah, and sign nothing until you find out more information.
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Mon Dec 01, 2008 1:31 am    Post subject: Reply with quote

Don't sign anything. Tell them that if they want you to go they can take you down to immigration and you'll sign papers to cancel your visa there. Don't sign anything.
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jellobean



Joined: 14 Mar 2006

PostPosted: Mon Dec 01, 2008 1:43 am    Post subject: Reply with quote

Never, ever sign anything you can't read! If they want to fire you, make them. Do not resign or you will lose rights!
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soviet_man



Joined: 23 Apr 2005
Location: Seoul

PostPosted: Mon Dec 01, 2008 1:58 am    Post subject: Reply with quote

I would urge taking a minimalist option - I think you have a winnable argument - there is no obvious reason you can't stay for your full contract.

Don't sign anything and don't agree to resign.

Stick to the point that you plan to stay your full term and that it is business as usual, as far as you are concerned.

The language is important. "Let's try and work to improve this together" = give them a way to back down without the loss of face, emphasize that you still want to work there and work through whatever difficulties there are.

It could be that too many kids are quitting, the parents complaining, your teaching style, any number of trivial hagwon issues.

But if they decide to take proceedings against you or with-hold pay, then it is time to leave.

But don't act on verbal information alone. If they want you to resign, ask them to put it in writing stating the exact reasons and what aspect of the contract you have not fulfilled.

Meanwhile, it is sensible for you to make plans also. So if the worst does come to pass, you are more prepared.
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Joe Boxer



Joined: 25 Dec 2007
Location: Bundang, South Korea

PostPosted: Mon Dec 01, 2008 2:07 am    Post subject: Reply with quote

DO NOT SIGN ANYTHING.

They want you to resign so that it is nice and clean for them.

Give this guy a call. He's a labor lawyer, located at Seolleung station. His English is good. His name is Bong-soo Jung.

019-489-2179.
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inkoreaforgood



Joined: 15 Dec 2003
Location: Inchon

PostPosted: Mon Dec 01, 2008 2:13 am    Post subject: Re: I am getting fired from my Hogwon! Reply with quote

Sahara95355 wrote:

I have some questions:

1. Why does the Hogwon wants me to resign instead of firing me?
I did not violate any terms of my contact.


Resigning means that you are in violation of the contract.


Sahara95355 wrote:

2. Why does the Hogwon want me to sign a resignation letter which I fill out with my signature, my address in Korea, passport and Alien Card number?


They want you to resign so that if issues should come up with immigration and the labour board, your resignation makes you look bad, since you violate the contract.

Sahara95355 wrote:
3. I also think my Hogwon had violated the terms of my E-2 visa by having me work for another Hogwon that has a different owner teaching classes there one a week. What would happen to me if I turned them into immigration?


Ignorance of the law is not a defence.

Sahara95355 wrote:

4. The director tried to videotaped the meeting with me demanding that I sign the resignation letter. So far I have refused to sign the resignation letter. Why do they do that?


Evidence, although it's a stupid move on their part. Sounds like they aren't quite sure what they are doing... or maybe they will remove the sound later??? mistranslate it to authorities???

Sahara95355 wrote:

5. Would it help if I went down to immigration to find out my rights, and explain the situation with them?


Not sure how, although making them aware of the situation, and that you are trying to resolve the issue as best you can may work in your favour.

Sahara95355 wrote:

6. What would happen to me if I did a midnight run?

I have no interest in visiting there, but I have made vacation plans to go to another country later and I would have to fly in out of Korea to get there.


If you never come back here, nothing. If you come back here, maybe nothing, maybe blacklisted by your boss. Not easy to do, but the boss can lie his/her ass off.

Sahara95355 wrote:

7. The last question should I make up my own resignation letter and pressure them into signing it?


Huh? the best you can hope for is that they fire you, thus violating the contract. I suspect that they fire you, make it look like you quit, and then screw you out of any pay that's coming to you, and maybe get you blacklisted. The videotaping makes me think that they've done all this before. Don't sign anything, REQUIRE them to provide a letter of termination. Then, once you have that, head down to immigration, letter in hand, and get the shortlist of options from them.

Best of luck.
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Seon-bee



Joined: 24 Jan 2003
Location: ROK

PostPosted: Mon Dec 01, 2008 2:37 am    Post subject: Reply with quote

If you haven't broken the contract and you've been performing up to standard, then write your own letter of release for them to sign. Look for a better job and go. Better than staying where you are not wanted or you may not be paid if they're bankrupt.

If you're not quitting on your on accord, then don't sign anything stating you are resigning. It's the other way around.

Ask why you are being terminated. Maybe they're going under and you're being downsized, or maybe you are in fact not teacher material and your performance is subpar. It doesn't matter. The future is uncertain where you are now.

Put on a kind and nice face. If they lose face, they'll be reluctant to give you what they want. Blackmail them as a last resort (working in a second location). Immigration won't help you, but they may be interested in the second location job.

It's win-win if you leave for greener pastures. You can get another job tomorrow. If you used a recruiter, contact them and ask for options.
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verve



Joined: 02 Nov 2008

PostPosted: Mon Dec 01, 2008 2:41 am    Post subject: Re: I am getting fired from my Hogwon! Reply with quote

Sahara95355 wrote:
I sure there are topics about getting fired in Korea on Daves web sight however after spending sometime searching I could not find them. Here is my topic.

I am not here to assign blame for my situation. I am here for some advice from Veteran teachers who have been in similar situations or knows someone who has.

I'm sure they will reply. I have been in a similar situation to you. Many posters here think they are the all-knowing source for ESL wisdom. Bottom line: assess what you read here, do your research make up your own mind. Because no one here has any stake in your win/loss - you need to look after yourself.

Sahara95355 wrote:
My hogwon is pressuring me to resign has given me a six week notice to leave. However I never received any letter from the hogwon and my recruiter told me the news after I finished work. The hogwon where I worked said I can have a copy of the six week notice if I sign their resignation letter.

I have some questions:

1. Why does the Hogwon wants me to resign instead of firing me?
I did not violate any terms of my contact.

It's easier for them if you resign. If they fire you, they must have solid, legal grounds for doing so. If they fire you and you take it up with the Korean labor board, your director and school could be in a heap of trouble if found guilty of contract breach.


Sahara95355 wrote:
2. Why does the Hogwon want me to sign a resignation letter which I fill out with my signature, my address in Korea, passport and Alien Card number?

They want to cleanly and legally cut free all contractual obligations with you. Including salary and housing.

Sahara95355 wrote:
3. I also think my Hogwon had violated the terms of my E-2 visa by having me work for another Hogwon that has a different owner teaching classes there one a week. What would happen to me if I turned them into immigration?

Correct. Your ARC/immigration permits you to work at one location. And the second hagwon has a different owner? Definitely illegal. Turn them into immigration? That's something to think about in the future. Do you have physical proof you worked there?

Sahara95355 wrote:
4. The director tried to videotaped the meeting with me demanding that I sign the resignation letter. So far I have refused to sign the resignation letter. Why do they do that?

To have hard evidence that you resigned. They sound desperate.

Sahara95355 wrote:
5. Would it help if I went down to immigration to find out my rights, and explain the situation with them?

Perhaps. It can be a double-edged sword. Other posters may be able to give more advice on that.

Sahara95355 wrote:
6. What would happen to me if I did a midnight run?

This happens: you make your hagwon director real happy. They may report your contract breach to immigration (or they may not). If you apply for an E2 visa again in the future, you may well face major scrutiny from then Korean authorities about the details of your last employment and how it ended. I don't recommend pulling a runner unless it's clearly the best option.

Sahara95355 wrote:
I have no interest in visiting there, but I have made vacation plans to go to another country later and I would have to fly in out of Korea to get there.

7. The last question should I make up my own resignation letter and pressure them into signing it?

Well, if it's similar to their one, they'd probably agree.

Sahara95355 wrote:
I want to know all of my options, before I decide on any course of action.


You haven't given much background as to why they want to let you go. This would help.

And, really, what do YOU want to do?

The way I see it - you commit a year to working at one school in Korea, when demand for teachers far exceeds supply. Promises of 13th month bonus salary and airfare, too. As such, they owe you. If they want to cut you loose, I would be trying to settle with them monetarily.

That said, I really feel for you. It sounds like a bad situation. One you didn't want or deserve. Hopefully, you can come out of this well. Let us know what happens.
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Mon Dec 01, 2008 4:13 am    Post subject: Reply with quote

I have to agree with the rest of the posters in this thread, don't sign anything. Make them fire you.
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buymybook



Joined: 21 Feb 2005
Location: Telluride

PostPosted: Mon Dec 01, 2008 4:28 am    Post subject: Reply with quote

You are new here and do not know your rights. As for your 3rd question, your boss didn't break the contract because YOU broke the law. YOU are NOT allowed to work for any other employer or at any other location without permission from Immigration and Immigration will not advise you on anything to do pertaining to your contract while having labor issues with your employer.

If you get BUSTED for teaching illegally(at another Hagwon) your employer will probably say you did it without their permission to avoid legal problems with/fines from Immigration. You could end up in the Immigration jail and have to pay Immigration to get out/before you get deported.

I posted on the following thread as did others...
http://forums.eslcafe.com/korea/viewtopic.php?t=135955&highlight=

You haven't told us much. Someone already asked but again, HOW LONG have you worked there?
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CentralCali



Joined: 17 May 2007

PostPosted: Mon Dec 01, 2008 5:28 am    Post subject: Re: I am getting fired from my Hogwon! Reply with quote

Sahara95355 wrote:
I have no interest in visiting there, but I have made vacation plans to go to another country later and I would have to fly in out of Korea to get there.


That's not a problem. You can stay at the airport hotel which does not require you to go through Korean Immigration.
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Sahara95355



Joined: 25 Mar 2008

PostPosted: Mon Dec 01, 2008 7:40 am    Post subject: Thank you for the support. Reply with quote

I will be facing my boss tomorrow night. I have worked at my Hogwon for 3 months. I do not think I can go through 9 more months of hell. I also do not feel comfortable working two different Hogwons, and violating the Korean Labor Laws. I had the head Korean teacher with the director yelling at me to resign. Besides I want to go back to the States and take a break. [b]A lot of people said I should not sign anything. Does that mean I should not sign my own resignation letter along with having the Hogwon boss and his wife sign it.[/b] This my resignation letter I was going to present to my boss:

The last contract between _____ and the teacher ______

We both decided to end our working relationship and go our separate ways. The teacher ______ was hardworking and always willing to listen to other people. He also was willing to try new ideas, and change his teaching style catering to different age groups under his care. Through no fault of his own ______ did not learn the proper _____ methods of teaching until his last month of employment. Therefore, the ____school regrets not properly training ______ in its methods, and wish it could go back and correct its mistakes. Unfortunately we had to let _____ go, since we had to protect our name and image. We feel bad about this and offer _____ a generous severance package:

November monthly pay
2,087,620 won - paid by 12/5

*any additional expenses will be paid by the school

December monthly pay

2,300,000 won - paid by 12/22
* no deductions school will pay income tax, utilities, and all other expenses

Airfare pay

Busan, South Korea - California

1,500,000 won - paid by 12/5

Visa reimbursement

200,000 won - paid by 12/5

total
6,087,620 won - paid by or before 12/22

The teachers ________ employment with ____ ends at 8 P.M. on December 22. If the director decides for any reason to shorten or end ______ teaching time then he will still have to pay him 2,300,000 won - 12/22

The teacher _______ will vacate his apartment no later then 4 P.M. - December 23.


I am very thankful for all the suggestions and support. I have a few more questions.

[b]If I do get fired what happens?

I also want to know how long do I have to wait for my final pay?

How long do I have to stay in my appartment, so if I get fired that night do I have to move all my things out that same night and look for a hotel? [/b]
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Seon-bee



Joined: 24 Jan 2003
Location: ROK

PostPosted: Mon Dec 01, 2008 8:02 am    Post subject: Reply with quote

That seems to be asking for trouble. To get out without causing resentment on either end, you have to give both parties a win-win.

Your December pay period is incomplete, but you want to be paid for a whole month. When is your pay period?

You used utilities, but don't want to pay. That's freeloading.

You haven't completed your contract, but you want a paid flight home.

Why haven't they paid for your visa run?

I'd take out any subjective points, like hardworking and willing to try new ideas. Maybe they have a different perspective. Do they really feel bad? I don't think they'll be willing to offer a generous severance package to get out of Dodge.

In my experience, schools want teachers out immediately because they are afraid they'll do a total crap job during their remaining time. I've found this to be generally true for both Korean teachers and ex-pats.
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buymybook



Joined: 21 Feb 2005
Location: Telluride

PostPosted: Mon Dec 01, 2008 12:03 pm    Post subject: Reply with quote

They want you out of there because they want to rip you off. If you think you are going to get what you deserve keep dreaming. Anything more than that is a pure FANTASY. Why would you want to sign anything if you are leaving, do you plan on coming back? Your resignation letter sounds queer and they will not sign whether they understand it(which they don't nor do they care) or not.

You need a break after working 3 months? Yes, I think I hear your mother calling. And you have some toys under the Christmas tree. Fa la la la la la la la la.
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