Korean Job Discussion Forums

ontheway · Posted: Thu Mar 19, 2009 8:37 am Post subject:

OP. You should get busy looking for a new job. Try to get your present employer to pay you everything up to date and a prorated amount for your 1 year severance before he actually closes his doors.

JFuller317 · Joined: 10 Oct 2008

As I understand it, the doors will never close. A new owner will just take over in early to mid April. He'll bring in his own foreign teacher, so I'll be made redundant and will be out on the street, possibly without money for a return flight. Since I first posted this thread, I learned that two of the k-teachers will be retained, while I and the last k-teacher will be gone.

Edit: one thing that may or may not be relevant is that this is apparently one location of a loosely-franchised chain. As my recruiter led me to believe, there is one central owner. So it may be only this location that is being sold. One of my friends works at a school which is supposed to be another school owned by the same people. So it's possible that I could go to my boss's boss to try and get severance and return fare.

ontheway · Posted: Thu Mar 19, 2009 9:17 am Post subject:

The fact that "the doors will never close" in the sense that the business seems to keep going is not the point. The new owner has most likely aquired the assets of the franchise without aquiring the existing contracts or liabilities. He has hired two of your coteachers from the previous owner to continue, but these may be essentially new contracts, and very likely only verbal ones.

It is in the interest of the new owner to keep the current customers coming in, so he wants the business to appear to keep going. This does not mean that he has any obligation to pay you. If this is an ECC franchise, then likely the parent corporation has no legal obligation to pay you either.

To be sure, you would have to find out what the terms of the business transaction were.

If your employer was an actual branch of ECC, owned by the parent, then this new "owner" would just be a manager, possibly with some owner type contract incentives and powers. In that case, the parent would be obligated to pay you under your contract, as the actual ownership has not changed. Of course, they could just terminate your contract as is likely provided for in the contract and you would be right back to where you are.

Unfortunately, you still need to get out there and find a new job ASAP. Try to get your old boss to pay your prorated severance. Try to negotiate return airfare and the balance of your severance from your next employer. Or get better terms in a new 1 year contract.

You are already in Korea and have some experience. You should get a better job anyway and you should be able to transfer your visa from the failed school to the new one.

JFuller317 · Joined: 10 Oct 2008

Thanks for all the advice. I will definitely try to negotiate with them tomorrow. As for getting a new job, the thing is that I've got a girlfriend back in the states, so I can't really sign on for another year. I wanted to just take all my savings and head back when my contract would have ended in July. I was actually scheduled to take my vacation between April 11th and 27th, and I was going to fly back and see her. That ticket is already paid for, so I do have a way home, but I still think they should give me cash for return fare. If I can get that and pro-rated severance, then I'll just do some part time work between now and July in order to save some more money before going home.

I suppose that calling on them to do the honorable thing won't go too far, will it?

ontheway · Posted: Thu Mar 19, 2009 9:43 am Post subject:

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

JFuller317 · Joined: 10 Oct 2008

JFuller317 · Joined: 10 Oct 2008

Update: I spoke to the director again today. He said that it is possible that I will be retained. However, I got him to agree that if I am let go, he will pay me two-thirds of severance plus airfare since I will have worked there for eight months.

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

Dang, that's awesome. Maybe I'll try that with my school, LOL (I'll wait till the exchange rate is better though)

JFuller317 · Joined: 10 Oct 2008

Yeah, thanks for all the advice. I thought I would be safe from 2 Great 2 Depressing with a hagwon job over in Korea, but it's really hitting everywhere. Hopefully there won't be too many stories like mine on this board.

Whistleblower · Joined: 03 Feb 2007

OP, make sure you get everything agreed in writing. Although the owner (or the new owner) is promising the moon and sky, they will decide to change their mind and go back on it.

It is best for both parties to get anything agreed in writing. You could write it up and ask the director and new director to sign it and say that you what to keep a record.

Record any conversations, type up minutes of meetings and get everything countersigned. You got to cover your ass otherwise your ass will get covered by ...