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korea.teacher
Joined: 04 Feb 2009
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 Posted: Sat May 02, 2009 4:17 am Post subject: Termination or Letter of Resignation - What Gives? |
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I was fired recently for personal reasons and given a 30 day termination notice
I can't appeal the termination until after my last work day, but Labor said I could file a petition for unpaid wages during my 30 day termination period.
When my institute received Labor's request to appear at an investigation into my petition, they offered to pay me to make it go away and suggested I skip my appointment with Labor.
The institute offered me an LOR, but only after first submitting a letter of resignation.
Not 100% clear on the LOR. I thought an LOR would make it easier to transfer to another school, but I can't trust the institute.
(1) Why all of a sudden are they worried about going to the Labor Office?
(2) Should I give them a letter of resignation before going to Labor?
Last edited by korea.teacher on Wed May 20, 2009 6:59 am; edited 3 times in total |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sat May 02, 2009 5:53 am Post subject: |
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If your planning on leaving anyway, then take them to the labor board so there is record on them.
That way, when they do it to the next teacher it will be more favorable towards the teacher because of the schools past record of transgressions. The school is scared of either getting a record or because they already have a record. Too many strikes against them and they will lose the privilege of owning their own foreign monkey and will have to run their school with just koreans.
I'm sure people will say just take the payment and keep everyone happy. F that. They screwed you and are now trying to cover their ass. Spank them.
Whatever you do, make sure you go to that meeting at labor board. Your school can skip - without reason - up to three meetings before the board finds in your favor automatically. You miss one and you lose. Dont miss it. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat May 02, 2009 6:41 am Post subject: Re: Termination or Letter of Resignation - What Gives? |
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| korea.teacher wrote: |
| Should I give them a letter of resignation before going to Labor?[/b] |
NEVER NEVER NEVER resign! Labor sees that as the biggest breach of contract you can make, and will be less inclined to help you in your other claims.
If you are fired, the school becomes the bad guy. Do NOT quit. Allow the termination to stay. They did it illegally (according to Labor). Why would you throw away your advantage with Labor when you want your back pay and such? |
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ChinaBoy
Joined: 17 Feb 2007
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| Posted: Sat May 02, 2009 1:26 pm Post subject: |
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| Why the OP would even listen to ANYTHING the school said after the way they have treated him is beyond comprehension. |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Sat May 02, 2009 5:27 pm Post subject: |
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I will be going to the Labor Board in any case. My goal was to put this on record for future teachers.The Korean teachers can also benefit from my unpaid wages claim.
Before going to Labor I was hoping to have an LOR in hand and a resignation letter letting me finish out the month to make it easier to transfer. I'm new and need to do more research on leaving with terms that allow me to apply for another position, especially since the institute cannot be trusted.
Last edited by korea.teacher on Sat May 16, 2009 12:06 am; edited 3 times in total |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Sat May 02, 2009 7:42 pm Post subject: |
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| If you havent completed at least 9 months of your contract, transferring your visa is unlikely. A transfer to a public school is one of the few exceptions to that regulation. Also, there can be no gaps of time between your current job and the job you are planning to transfer to i.e. LOR end date may 15 and new contract start date May 16. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat May 02, 2009 10:49 pm Post subject: |
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OP: A few things for you to consider.
- Apologies from the other teachers or even the employer are absolutely meaningless.
- If you give your employer a resignation letter, you will never see a letter of release. You can also kiss any money owed you goodbye.
- If you give your employer a resignation letter, the Labor Board won't give a hoot about your problems. You will have, as another poster mentioned above, created the bigger problem--for your employer.
- Immigration also doesn't give a hoot about your labor problems. That's the purview of the Labor Board and the courts.
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Sun May 03, 2009 4:25 am Post subject: |
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| OculisOrbis wrote: |
| If you havent completed at least 9 months of your contract, transferring your visa is unlikely. A transfer to a public school is one of the few exceptions to that regulation. Also, there can be no gaps of time between your current job and the job you are planning to transfer to i.e. LOR end date may 15 and new contract start date May 16. |
I should have been clearer. By transferring, I meant applying for another position, but not a public school position.
Consensus here seems to be that I'll "shoot myself in the foot" if I switch to a resignation letter so that's not going to happen.
I'll follow through on the unpaid waqes issue, though, which the institute already agreed to pay.
Last edited by korea.teacher on Wed May 20, 2009 7:07 am; edited 2 times in total |
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John_ESL_White
Joined: 12 Nov 2008
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| Posted: Sun May 03, 2009 5:36 am Post subject: |
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| korea.teacher wrote: |
| OculisOrbis wrote: |
| If you havent completed at least 9 months of your contract, transferring your visa is unlikely. A transfer to a public school is one of the few exceptions to that regulation. Also, there can be no gaps of time between your current job and the job you are planning to transfer to i.e. LOR end date may 15 and new contract start date May 16. |
I should have been clearer. By transferring, I meant going to another position. In this case not a public school position, starting about a month after I finish my "30 day notice" period. I'm concerned about my institute doing something
I will do a visa run to Japan, only difference is that since I'm being hired while still in Korea, I won't need a criminal background check this time.
Consensus here seems to be that I'll "shoot myself in the foot" if I switch to a resignation letter.
I'll follow through on the unpaid waqes issue which the institute already agreed to.
It is odd that this institute that has been demeaning to me since so long got so scared last week when they were summoned to appear at the local Labor Office. They always act superior, like they can do anything to teachers. They asked me if I would skip the appointment or if paying me would be the end of the petition. |
Just proceed through labor.
But, tell your boss that you do want all back wages as soon as possible.
Whenever they ask if you will drop the labor thing, just say, "I need my back wages. You owe me money." |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sun May 03, 2009 5:55 am Post subject: |
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| John_ESL_White wrote: |
| Whenever they ask if you will drop the labor thing, just say, "I need my back wages. You owe me money." |
He needs his money and another visa. His school will try to screw him out of one or (ideally) both if they can. They only started being nice to you once you decided to go to Labor, begging you to drop it. Giving up such a negotiation advantage is the height of stupidity. |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Mon May 04, 2009 12:36 am Post subject: |
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UPDATE: I went to Labor and the institute paid me for the extra work I did. It wasn't a huge amount but it was priceless when the "superior" institute manager was told by the Labor employee to go downstairs and punch out the money from an ATM before we left the office...and I got to count each bill slowly in front of them.
My 30 day notice expires in a few weeks and the institute at Immigration said that they would only give me a letter of release and allow me to finish my classes through the end of May if I first give them a resignation letter.
Immigration just told me that when the institute goes with me to their office to cancel my visa, I don't need a letter of release.
At that time, in the exit order I can ask for up to another 29 days before leaving Korea, long enough to submit documents to Immigration for another position and then make a visa run to Japan. |
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ChinaBoy
Joined: 17 Feb 2007
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| Posted: Mon May 04, 2009 1:11 am Post subject: |
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| korea.teacher wrote: |
At that time, in the exit order I can ask for up to another 29 days before leaving Korea, long enough to submit documents to Immigration for another position and then make a visa run to Japan. |
See, you need new docs. And those can take a while, especially for some people. I've got extras of everything (except the CRC which is only good for 90 days or something) for just this situation. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 04, 2009 1:16 am Post subject: |
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I'm glad your boss caved, partially, at the first meeting at Labor.
| korea.teacher wrote: |
| My 30 day notice expires in a few weeks and the institute at Immigration said that they would only give me a letter of release and allow me to finish my classes through the end of May if I first give them a resignation letter. |
The very second you hand your boss a resignation letter, you're on the hook. Don't do it! Go with Labor's advice. |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Mon May 04, 2009 6:12 am Post subject: |
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Talking to Immigration I don't need to sign a resignation letter because I don't need a letter of release to apply for another job.
I already have the documents necessary to apply to Immigration for a new position (diploma and sealed transcript).
It's a little easier this time because I don't need a background check as long as I'm hired while I'm still in Korea.
I will miss my students (adult conversation classes). They sometimes surprise me with lunch and gifts, and many are a pleasure to teach. The institute threatened me with civil damages if I "make trouble" with my students, so I have to come to work everyday and pretend as if nothing has happened, instead of being able to at least say goodbye.
Last edited by korea.teacher on Mon May 04, 2009 4:18 pm; edited 1 time in total |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Mon May 04, 2009 6:29 am Post subject: |
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| korea.teacher wrote: |
| The institute threatened me with civil damages if I "make trouble" with my students, so I have to come to work evryday and pretend as if nothing has happened, instead of being able to at least say goodbye. |
Civil suit. 
On the last day make sure to say goodbye. Respond to the shouts of "Why?" with simply "Because the school fired me."
"But why fired?"
"(shrug)"
"Why?"
"(shrug)"
(I did the same when I left my second school... said goodbye on the last day, told them I quit, and when asked why said because the school refused to pay me... the school didn't dare file a civil suit because they knew I'd hit them back with my own for back wages... I did anyway once I was out of there, and they went bankrupt... SCORE!) |
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