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seoulout
Joined: 16 Apr 2009
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 Posted: Thu Jun 18, 2009 6:51 am Post subject: need info regarding LORs, exit orders and the labor board! |
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to provide an overview of my situation, my school fired me around a week ago, after two months of all sorts of dramas, and things are a bit messy. my recruiter told me they were terminating my contract the day before payday and deducting my airfare from it that day. There is nothing at all in the contract about me paying back an airfare if i get fired, only a clause stating that i pay it back if i resign. i spoke to my director, and showed him the contract, and he told me to complain to the recruiter, as the recruiter had said i agreed to it and he was just doing what the recruiter told him to do. so i went to the labor board a couple of days ago and they said they could help me, even though i've only been here since late march. so i got a text today from the labor board, giving me an appt time - i'm assuming my boss probably knows that i've been now too?!
when i first got fired, my director said he would give me a letter of release, so the next day i typed one up for him to sign and me spun me some BS about how it needed to contain some information about my new school and any new recruiter i had had to contact him ,etc! he stated he could not sign it, as it was against the law!!! i know what a LOR looks like and mine was perfectly valid! i later got a msg from my recruiter saying the director wouldn't sign it until 1st July (i finish 30 june).
so i guess what i want to know is how is getting the labor board involved likely to effect my chances of a LOR...i've had one person tell me i've shot myself in the foot and they will do their best to screw me over now, but someone else told me they took their boss to the labor board, won and used that as a bargaining tool in getting a LOR (apparently there is a box at the bottom asking if u want your employer to be punished or not and he told her he was ticking that box if she didn't give the LOR).
also, once my visa is cancelled, do i actually need a LOR to get a new visa? i've heard conflicting stories about this... |
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polonius
Joined: 05 Jun 2004
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| Posted: Thu Jun 18, 2009 7:51 am Post subject: |
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You do not need a letter of release. The academy must, by regulations, cancel your visa 15 days after termination.
What you need from your boss is a letter stating that you were fired and that your last working day is June 30th.
The LOR is now only needed if you are transfering from one school to another. Make sure you get the letter. If not, go to immigration on July 1st and tell them that your last day was June 30th, and have them call the school. The school MUST report this to immigration as they are your sponsor.
Once your visa is canceled, you are free to get another job. |
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moosehead
Joined: 05 May 2007
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| Posted: Thu Jun 18, 2009 8:10 am Post subject: |
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| polonius wrote: |
You do not need a letter of release. The academy must, by regulations, cancel your visa 15 days after termination.
What you need from your boss is a letter stating that you were fired and that your last working day is June 30th.
The LOR is now only needed if you are transfering from one school to another. Make sure you get the letter. If not, go to immigration on July 1st and tell them that your last day was June 30th, and have them call the school. The school MUST report this to immigration as they are your sponsor.
Once your visa is canceled, you are free to get another job. |
this is nonsense - you don't need ANYTHING from your boss other than for someone from your school to accompany you to immi to cancel your visa.
if they won't do that then you go alone, tell immi what happened and they will call the school to verify your contract has ended (they don't even care if you are fired or what) and your visa will be canceled. at that point immi will give you a stated amount of time to leave K, which you MUST do, and you are free to get another job.
you are actually in a better situation to get a new job - just don't worry about the LOR - go on to labor and fight your employer for every penny you are owed - and going to labor will always HELP you not hurt you - while some employers do actually ignore the labor office, most do not and hopefully you will get the funds owed you.
good luck but remember, if it comes to it, sometimes it's better to cut your losses and just go in peace. don't let anyone waste any more of your time than necessary. you should get what's owed you but there's a point in time when fighting for it produces negative returns and wasted energy - know when that point is and be prepared. until then, tho, give 'em hell!! |
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polonius
Joined: 05 Jun 2004
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| Posted: Thu Jun 18, 2009 6:46 pm Post subject: |
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| moosehead wrote: |
| polonius wrote: |
You do not need a letter of release. The academy must, by regulations, cancel your visa 15 days after termination.
What you need from your boss is a letter stating that you were fired and that your last working day is June 30th.
The LOR is now only needed if you are transfering from one school to another. Make sure you get the letter. If not, go to immigration on July 1st and tell them that your last day was June 30th, and have them call the school. The school MUST report this to immigration as they are your sponsor.
Once your visa is canceled, you are free to get another job. |
this is nonsense - you don't need ANYTHING from your boss other than for someone from your school to accompany you to immi to cancel your visa.
if they won't do that then you go alone, tell immi what happened and they will call the school to verify your contract has ended (they don't even care if you are fired or what) and your visa will be canceled. at that point immi will give you a stated amount of time to leave K, which you MUST do, and you are free to get another job.
you are actually in a better situation to get a new job - just don't worry about the LOR - go on to labor and fight your employer for every penny you are owed - and going to labor will always HELP you not hurt you - while some employers do actually ignore the labor office, most do not and hopefully you will get the funds owed you.
good luck but remember, if it comes to it, sometimes it's better to cut your losses and just go in peace. don't let anyone waste any more of your time than necessary. you should get what's owed you but there's a point in time when fighting for it produces negative returns and wasted energy - know when that point is and be prepared. until then, tho, give 'em hell!! |
I suggested that the OP get the letter from her boss so that she would have proof once going to the labor board that she was fired. It is entirely possible the the boss will say she quit, and therefore would have to pay the plane ticket. |
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seoulout
Joined: 16 Apr 2009
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| Posted: Thu Jun 18, 2009 8:55 pm Post subject: |
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| i have a ton of emails from my recruiter stating that i was fired and explicitly referring to the school making the decision to do...so i guess i'd better take those along to my labor board appt. getting anything off my boss is like trying to find a needle in a haystack, i can ask, but 99.99999% chance he won't give it to me! |
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