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severance and contract issue - EPIK

 
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timetotravel



Joined: 02 Sep 2007
Location: korea

PostPosted: Sat Feb 07, 2009 7:07 pm    Post subject: severance and contract issue - EPIK Reply with quote

I have a similar situation to something someone posted not long ago.....but I am unable to find that post....

My situation is this - I work for EPIK (two years same school).
My original contract began on Sept 17, 2007.
Last summer when I signed the new contract it was for Sept 1 - Aug 30 2009.
I signed this and have a copy of the original contract, with the stamp from the office of Education.

However, my co teacher told me that I would not receive severance pay because it had to be for one year.....so she changed her copy of the contract and my new end date on that is for the 17th of Sept 2009.

My problem is that I want to finish Aug 30 as I have plans to move to a new country and want to begin on time there.

I have the original copy so am I able to fight this??? They made the contract and the contract has the dates and the clause about receiving severance.....therefore implying that I should receive severance should I complete the contract through August 30 2009.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Feb 07, 2009 7:36 pm    Post subject: Reply with quote

Did you sign the ammended contract? If not, tell you co-teacher she is WRONG! Cool
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timetotravel



Joined: 02 Sep 2007
Location: korea

PostPosted: Sat Feb 07, 2009 7:54 pm    Post subject: Reply with quote

no i didnt sign it.....also it was a photocopy of the contract she changed.....my signature is on the bottom from when i originally signed it, but i didnt sign where she made the change.....but she keeps saying you cant get severance it has to be a year......BUT the original contract ends aug 30 and that IS a year...

who do i go to to tell her she is wrong?
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Feb 07, 2009 8:36 pm    Post subject: Reply with quote

Start with her and work your way up the 'chain of command' if you get no resolution.

Of course I haven't read your actual contract, but just keep pointing to the 'Term of Employment' clause that states "This employment period is not continuance and should not be considered as continuance of any former employment..." (or something to that effect).

The original, Sept. 17 start date of your previous contract has no affect on the end date of your current contract. Your current contract is not continuance; and as of Aug. 31, 2009 you will have fulfilled the terms of the contract and be eligible for severance. Simple! Cool
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timetotravel



Joined: 02 Sep 2007
Location: korea

PostPosted: Sat Feb 07, 2009 9:04 pm    Post subject: Reply with quote

excellent. thanks for your help!
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Feb 07, 2009 10:48 pm    Post subject: Reply with quote

You're welcome.

I've just re-read the thread and noticed you keep saying your current contract ends Aug. 30. I hope this is a mistake on your part... and the date on the contract is Aug. 31. If not, you signed a contract for one day less than a year and will not (technically) be elligible for severance. Shocked
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timetotravel



Joined: 02 Sep 2007
Location: korea

PostPosted: Sat Feb 07, 2009 10:52 pm    Post subject: Reply with quote

oh man..........it is the 3oth now im really screwed Sad
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Feb 07, 2009 11:05 pm    Post subject: Reply with quote

Now you have to 'pray' the Aug. 30 end date was simply a mistake on their part and they do not notice the discrepancy. You will have to 'bluff' as though you do not know. Just keep saying "the end of August" during any discussions - don't mention the actual, Aug. 30 date.

If it was not a mistake and they did it on purpose, you're screwed!
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D.D.



Joined: 29 May 2008

PostPosted: Sun Feb 08, 2009 11:22 am    Post subject: Reply with quote

A contract goes for a year so if it started on the 31 st of Aug one year it finishes on the 30th of Aug the next year.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sun Feb 08, 2009 11:58 am    Post subject: Reply with quote

D.D. wrote:
A contract goes for a year so if it started on the 31 st of Aug one year it finishes on the 30th of Aug the next year.


Yes... but it DIDN"T start on Aug. 31... it started on Sept. 1.

OP,
I don't think the school is purposefully trying to screw you out of severance - if they were, they'd be telling you to leave on Aug. 30... not that you should stay until Sept. 17. Perhaps your best course of action is to not fight it. Delay the start of your new job (if possible) and work until Sept. 17.

Bluffing might work; but if it doesn't, it could mean the loss of severance and airfare.
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