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korea.teacher
Joined: 04 Feb 2009
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Posted: Fri Feb 06, 2009 7:55 pm Post subject: Age Discrimination Issue (possible termination): Need Advice |
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BACKGROUND: I just started teaching English conversation classes this week at an institute in Korea.
I have a signed 1 year contract and E-2 visa.
The English teaching program manager at my school met with me this week and told me that the owner was angry at me, did not want to meet with me and would be observing me for the next two weeks to make a decision on keeping me at the school.
This came as a complete shock, because in just the few days I had been teaching there, I was already well-liked by students and co-workers.
REASON FOR SITUATION: My program manager told me that after receiving my documents, that's when the institute learned my true age (she said the owner wanted to hire a younger teacher). The school contacted my recruiter whose explanation was they did not know my age because it was not on my resume, however, they did tell my school earlier that I'm 40 years old.
Since my passport photo page has my age on it, it's no secret, and the recruiter knew early on in the application process how old I was when I emailed her a copy of my passport. The recruiter didn't discuss the issue of age with me during the application process. The institute manager didn't bring up the issue of age after receiving my documents before I went to Japan to obtain my visa, only after starting work.
After making verbal and email requests to the manager to be reimbursed for visa travel expenses to Japan, she said the owner intially did not want to reimbuse me for my travel expenses or health check-up cost, but changed his mind.
I paid for my airfare to Korea.
ASSISTANCE: I don't have experience with age discrimination in Korea and need assistance to know my options.
Question 1: What should I be doing in the meantime in case the school owner is planning to fire me because of my age?
Question 2: Original transcripts and a background check were submiited to Immigration to apply for my current position. Can I contact Immigration and reuse those documents to apply for another position?
Question 3: Shoud I apply for jobs in other countries because I will encounter future age related problems in Korea? (I'm 55. The irony is that I look very young for my age, often being confused for 40).
Question 4: Should I ask the school about being reimbursed for airfare since my contract states the school will provide airfare for teachers flying to Korea and returning home upon successful completion of the contract?
Question 5: Should the recruiter be reported for creating this situation (if so, how)? |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Fri Feb 06, 2009 8:09 pm Post subject: |
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Congratulations! You've been screwed by a recruiter.
I feel truly sorry - you did not misrepresent yourself. Unfortunately, in K-land there is nothing you can do. I suggest you start looking for another job.
As for Immigration and your documents, nobody knows... not even Immigration. You could ask two different officers in the same office the same question and get two different answers. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Fri Feb 06, 2009 9:20 pm Post subject: |
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I think the first step would be a call to the Labor Board. You haven't done anything wrong, but that place may not be a comfortable work place after the boss's reaction. Maybe the Board can help you get reimbursed for your expenses. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Fri Feb 06, 2009 9:50 pm Post subject: |
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Ya-ta Boy wrote: |
I think the first step would be a call to the Labor Board. |
The OP has nothing to go to the Labor Board with... yet. One cannot accuse an employer of something that might/probably will happen. |
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roam177
Joined: 17 Dec 2007 Location: South Korea
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Posted: Sat Feb 07, 2009 1:49 am Post subject: |
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OP: I can relate. I'll be 55 in June and I too am routinely mistaken for 38 to 40. I've been in Korea for about 6 years. I've had about 7 or 8 contracts in that time.
Regarding your situation: The sad fact is that here in Korea, we foreign teachers have very little remedy for problems with our employers. The only official avenue for resolving these problems is the Korean Ministry of Labor ("No Dong Boo" in Korean) a.k.a. the Labor Board. Here's my OPINION:
1) You can't keep the school from firing you.
2) IF you do get fired over this, the employer can refuse to pay the air fare and/or your wages and you'll be powerless to protect yourself. You can go to the Labor Board if wages haven't been paid but only if the payment is more than 2 weeks past due. This is by no means an instantaneous remedy and if your case makes it to court you're looking at close to a year to settle it. Also, after all that, if the school owner doesn't have any assets in his name, you'll get nothing.
3) You won't be able to get your immigration documents back, so begin now to get your crimminal check, transcripts, etc. for your next job.
4) You won't get anywhere trying to report the recruiter.
My advice: If you wan't to keep working in Korea, go along with the firing process. Normally, they should follow the stipulations in the contract that address firing, e.g. they must give 30 days notice. Yours is a special situation, so I think they might fire you with no notice. Get a signed Letter of Release from the director and find another job.
You can't think like you do back home. You don't have that kind of protection here. Protection of foreign workers from exploitation is an area where Korea really is a Third World Country.
Does it suck? You betcha! Is it unfair? Extremely! Can they get away with it? The schools/recruiters do it all the time with impunity. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Sat Feb 07, 2009 2:26 am Post subject: |
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Quote: |
The OP has nothing to go to the Labor Board with... yet. One cannot accuse an employer of something that might/probably will happen. |
I disagree. It's a good idea to know exactly what your legal rights are in this situation so you know how to respond should the boss follow through. You have also prepared the ground should it be necessary to bring in the Board at a later date. |
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hari seldon
Joined: 05 Dec 2004 Location: Incheon
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Posted: Sat Feb 07, 2009 2:46 am Post subject: |
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Airfare, as a rule, is prepaid by hagwons. And demand for teachers outstrips supply, so WTF did you pay the airfare?
I strongly advise people who are too lazy to research the situation in Korea or have a diminished sense of self-worth to steer a wide berth around this country. Otherwise, they'll eat you alive.
Last edited by hari seldon on Sat Feb 07, 2009 3:10 am; edited 2 times in total |
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dean_burrito

Joined: 12 Jun 2007
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Posted: Sat Feb 07, 2009 2:53 am Post subject: |
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When the director shows up have gift for them. Just some cheap dried squid, they love it at my school. Pretend to be happy to meet the director. They might just like you when they actually meet you.
But just in case start preparing documents and look for a public school job. |
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roknroll

Joined: 29 Dec 2007
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Posted: Sat Feb 07, 2009 3:38 am Post subject: |
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You did a visa run to Japan, are you saying that you were hired 'sight unseen'? Can you fill in the time gaps? When you were told about the job, (no interview?), when they received your docs approx, there had to be at least a week wait period, probably two.
Whether it was an act of ommission/commisison on the agent's part, who knows. It may have been that the school asssumed they'd get a younger teacher and overlooked it. Obviously, the manager would be the last line of defence for the school. You'd think that she would've shown your docs to the owner for approval (especially a female manager) before they sent you on your visa run.
Personally, I think it's the school's fault (without any background info on location or what other teachers have said) more than the recruiter. After all, they can read numbers can't they? I'd bet they were playing the 'let's go with what we can get, unless something better comes along' (in their case, a younger teacher). At any rate, whose fault doesn't matter cus you don't want to be dealing with either the recruiter or the school.
Having said that, I'd suggest you have a chat with the 'program manager'. Tactfully relate to the manager that you'd never have applied or taken the job if you had been aware of the owner's desire.
Hence, it's either the recruiter or the dimwits/shysters themselves. So, if it's the recruiter's fault, they don't blame you and hopefully give you more time. If it's their own doing, they will appreciate the respect and may change their minds to save face (all the while blaming the recruiter). I think you're best case is probably being given sufficient time to sort out a new job.
Good Luck! |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Feb 07, 2009 7:39 am Post subject: |
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OP
It's time for you to get busy looking for a new job. If they don't fire you, you will just have wasted a little time. If they do, you'll be on your way to a better job.
In Korea, parents and children often prefer an older teacher if that teacher can really teach the students. So, don't give up. You will need to get out in person, visit schools and find a job.
Try to get 30 days notice and a letter of release from your school. If you have no issuse other than age, they should be willing to give you the chance to find a new job. It may be possible to transfer your visa to a new school, but get busy on getting your documents together just in case.
Good luck. |
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semi-fly

Joined: 07 Apr 2008
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Posted: Sat Feb 07, 2009 4:30 pm Post subject: |
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The OP would need to be able to prove that (s)he was fired because of his/her age. If that is the case there are laws against such discrimination. I'm basing that off of the following document (PDF). |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sat Feb 07, 2009 5:37 pm Post subject: |
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roknroll wrote: |
Whether it was an act of ommission/commisison on the agent's part, who knows. It may have been that the school asssumed they'd get a younger teacher and overlooked it. Obviously, the manager would be the last line of defence for the school. You'd think that she would've shown your docs to the owner for approval (especially a female manager) before they sent you on your visa run.
Personally, I think it's the school's fault (without any background info on location or what other teachers have said) more than the recruiter. After all, they can read numbers can't they? I'd bet they were playing the 'let's go with what we can get, unless something better comes along' (in their case, a younger teacher). At any rate, whose fault doesn't matter cus you don't want to be dealing with either the recruiter or the school. |
Read the OP's OP!
It's the recruiter's fault - a deliberate act of commission in that the recruiter told the employer the OP was fourty years old. |
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ChinaBoy
Joined: 17 Feb 2007
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Posted: Sat Feb 07, 2009 5:57 pm Post subject: |
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OP, you're screwed.
Go to China!  |
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korea.teacher
Joined: 04 Feb 2009
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Posted: Mon Mar 02, 2009 6:03 am Post subject: Update: Age Discrimination Plain, But Not So Simple |
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I followed through on some of your advice.
I tried talking to the manager about a letter of release and transfer request several times but needed to send emails to get a response. I explained to her I was unaware of the recruiter's actions and was surprised because my age is on my passport page.
She met with me and said she was going to leave it up to the next manager because she was quitting.
I sent emails to force the issue. The manager and I met outside the institute and she told me, get thid, that the recruiter who created this situation apologized to the owner and was actively looking to find a replacement for me, minus a commission.
On Friday, the manager told me the recruiter had found a replacement but asked me if I was still interested in continuing at the school. If so, she would recommend me to the director. She said the director would let me know at the end of the day.
Friday evening, she said the owner had decided to keep me and rejected the other applicant.
Today, the school asked me about teaching an additional class over the weekend.
I'd like to feel that's that, but the manager warned me as she was leaving that the owner is very unpredictable. |
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