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Sector7G
Joined: 24 May 2008
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 Posted: Thu Jun 11, 2009 4:07 am Post subject: |
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| ekul wrote: |
| Sector7G wrote: |
Yes, it is a valid worry. But could you really blame a school for firing someone who gives notice at the 5 month mark of a year contract and then expects to get a month paid vacation and not have to pay back airfare?? Seriously? I mean I hate hate hate being on the side of the employer but how could you fault them for doing this?
It's a tough situation but it's not the school's fault. I definitely would not say he was being "screwed", or "cheated". The one who would be screwed is the school if he ups and leaves the day after vacation. |
I don't understand this point of view. Nobody is being cheated, the contract is being adhered to. What is the point of a contract requiring notice if the company can then just instantaneously sack you?I would fault them because they are not upholding their end of the contract if they decide to sack him.
Ok, I will back pedal a little here. I was speaking more from gut instinct than from being an expert on contract technicalities. I thought before the magic 6 month mark an employer here could fire someone without notice.
And my instincts told me in this case they would be justified. But I have not found any evidence to support my theory. So if it is contractually feasible to do what he wants to do, it is not my place to bad mouth him.
The school is in fact in a worse position if he chooses not to give any notice.
If he upped and left on the first day back after vacation, he would not owe any resettlement, any flight or anything of the sort. However the school would be left without a teacher because they didn't have a chance to hire a new one during the vacation.
Exactly! He should give notice. I implied that in my original post.
Just because the school happens to be on a break during August has no real bearing on what the contract states. Of course it might have a bearing on how the school decides to shaft him, but that is really besides the point.
Ok, so at this point, he is worried the school will "shaft" him. So to eliminate this worry, he is considering a "preemptive shaft". But are these the only two options available?
Here's a suggestion. What if he comes back from vacation, waits until he gets paid, and then gives notice? Will one more month kill him? If at the point he gives notice he senses hostility from them, he can leave knowing he did the right thing. Plus, he no longer has to worry about any repayments! |
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Darkray16
Joined: 09 Nov 2008
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| Posted: Sun Jun 14, 2009 3:03 pm Post subject: |
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| I could do that but wouldn't it be more difficult for the school to get a replacement? because at that point orientation and placement is finished for all the new incoming teachers. |
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Draz
Joined: 27 Jun 2007
Location: Land of Morning Clam
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| Posted: Sun Jun 14, 2009 3:51 pm Post subject: |
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| Darkray16 wrote: |
| I could do that but wouldn't it be more difficult for the school to get a replacement? because at that point orientation and placement is finished for all the new incoming teachers. |
This is correct. I don't know how it works exactly. I gave EPIK over 3 months notice (transfer me at the end of term or I quit) but the school only got like a week (because that's how much notice EPIK gave me that the transfer wouldn't work)... and that week I was told (by EPIK) I could stay at the job, if I wanted, which I didn't. They got their new teacher before my contract was officially up, so in less than a week. |
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Sector7G
Joined: 24 May 2008
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| Posted: Sun Jun 14, 2009 4:56 pm Post subject: |
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| Darkray16 wrote: |
| I could do that but wouldn't it be more difficult for the school to get a replacement? because at that point orientation and placement is finished for all the new incoming teachers. |
Yes, but it sounds like you are leaning toward not saying anything until you return from vacation anyway. So what is the difference? At least this way they can't fault you for not giving notice. It seems like the only other option is giving your notice at the 5 month mark and taking your chances. And I agree, that may be risky. I am really not sure what your rights are in doing it that way. That is why I backtracked from my earlier, seemingly sanctimonious comments.  |
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Darkray16
Joined: 09 Nov 2008
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| Posted: Mon Jun 15, 2009 3:15 am Post subject: |
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Yea from what I could glimpse of their placement process its really all a last minute process. No matter how much notice they receive they don't do anythign til the very end. For example, I told EPIK that I already had my own apartment 3 months before my orientation, but my school wasn't told until the last day of orientation and they were out one month of rent for the house they got for me.
Anyways I'm actually leaning towards giving them one month notice at the 5 month mark because I would like a release letter and for them to give me a decent recommendation if my new employer wants to see how I worked for the last 6 months. I will check later, and if the school MUST give me a one month notice before firing me then I am definitely doing this, but still considering my options.
And sectr7g.... "seemingly"... really? |
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Sector7G
Joined: 24 May 2008
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| Posted: Mon Jun 15, 2009 6:29 am Post subject: |
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| Darkray16 wrote: |
And sectr7g.... "seemingly"... really? |
Yes, seemingly. A few others slammed you way harsher than I did. At least I backed off and decided to reserve judgment.
Even nobbyken, who was generally just trying to give you advice, said this:
Hope everything works out.
The spirit of doing things exactly to the day of 6 months is not good, so don't be shocked if the school releases you earlier.
I essentially said the same thing, just with a tinge of sarcasm. That's sarcasm, not sanctimony.
Look, at first glance it seemed like you were expecting a lot, and like I said before, I wouldn't have blamed them for firing you. As I said, it's not their fault you are leaving early.
But by the same token, and this is why I changed my mind, if you are following the contract, it's not your fault that the last month, your notice month, is essentially 4 weeks of paid vacation. (By the way, it's this last month that makes this such an unusual case in the first place. We probably would not even be talking about it otherwise)
Anyway, I hope it all works out for you.
On a side note, I gave 60 days notice last Tuesday, and after a really tense week of negotiations I was given my Letter of Release today. |
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marlow
Joined: 06 Feb 2005
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| Posted: Mon Jun 15, 2009 3:35 pm Post subject: |
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| Darkray16 wrote: |
| I will check later, and if the school MUST give me a one month notice before firing me then I am definitely doing this, but still considering my options. |
It would be absurd if they didn't need to give you notice. Otherwise you giving notice at all is pointless. |
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mzeno
Joined: 12 Oct 2008
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| Posted: Mon Jun 29, 2009 8:50 am Post subject: hey now |
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| schwa wrote: |
"I've worked 5 months of my one-year contract & heres my letter of resignation. You owe me one month's paid vacation. Oh, & thanks for the plane ticket & settlement cash."
Good luck. |
...well said! |
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sfreeman
Joined: 03 Aug 2009
Location: South Korea
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| Posted: Thu Aug 06, 2009 1:46 am Post subject: |
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| Darkray16 wrote: |
Anyways I'm actually leaning towards giving them one month notice at the 5 month mark because I would like a release letter and for them to give me a decent recommendation if my new employer wants to see how I worked for the last 6 months. I will check later, and if the school MUST give me a one month notice before firing me then I am definitely doing this, but still considering my options. |
Darkray16 - did you ever find out if it is legally required of your school to give you 30-days notice after you give notice? Or if they must pay you out for the last month if they want to sack you?
Basically this is happening to me right now. I've given 30-days notice after the worst day ever (not the first, not even the 20th bad day on this job). As it turned out, it's summer camp now. My last 4 weeks at work: I'll be working for 2 weeks, then we have a week off, then a week of prep for next semester.
My manager told me that I should finish working after the 2 weeks of camp since, why would I prep if I'm not teaching next semester? That made sense, but it's rolled into
1. I have to move out a week earlier than I expected (Aug. 22nd)
2. They're only paying me for 2 weeks of work this month
*I offered twice to prep a bunch of material for the next teacher, but just got laughed at.
I'm thinking this has got to be illegal, but I need some support. What do you guys think? |
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