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d_generate_girl
Joined: 13 Oct 2008
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 Posted: Thu Aug 06, 2009 9:30 pm Post subject: School went bankrupt - help, please? |
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I'm seven months into my contract, and my director (after two months of back and forth "we're closing", "no, we're staying open") has finally informed me that he's declaring bankruptcy. I'd really like to stay in Korea and finish out my contract, but I'm finding that no school wants a teacher for only five months.
My director keeps pressuring me to take the plane ticket home (which he's only agreed to pay for because he's "a nice person" and not because he's obligated to as per the terms of my contract), and he's flat-out refusing to pay any portion of my severance pay.
My question is - do I have any legal options at all? Can I speak to a lawyer, and would it do any good? Or do I just have to suck it up and go home with no sev pay? |
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Carla
Joined: 21 Nov 2008
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| Posted: Thu Aug 06, 2009 9:40 pm Post subject: Re: School went bankrupt - help, please? |
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| d_generate_girl wrote: |
I'm seven months into my contract, and my director (after two months of back and forth "we're closing", "no, we're staying open") has finally informed me that he's declaring bankruptcy. I'd really like to stay in Korea and finish out my contract, but I'm finding that no school wants a teacher for only five months.
My director keeps pressuring me to take the plane ticket home (which he's only agreed to pay for because he's "a nice person" and not because he's obligated to as per the terms of my contract), and he's flat-out refusing to pay any portion of my severance pay.
My question is - do I have any legal options at all? Can I speak to a lawyer, and would it do any good? Or do I just have to suck it up and go home with no sev pay? |
The severance pay only kicks into effect after a year. It's not a contract thing (like he's doing something nice) it's a law thing, everyone gets it for any legal job. And some people who get fired in month 11 aparently have been able to sue and get it because they were basically able to show that they were fired illegally just to avoid being paid severance and plane tickets. You're in a different category. You're employer just doesn't have it, and if you sue, he's declaring bankruptcy anyway. I think he's actually being a good guy (based on what I know) by giving you your ticket. Most of the "bad guys" wouldn't do that.
Basically, suck it up and go home (or stay another year!), but don't forget to file for your pension before you leave. |
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cwflaneur
Joined: 04 Aug 2009
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| Posted: Thu Aug 06, 2009 9:48 pm Post subject: |
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The exact same thing happened to me my first year in Korea. Plenty of schools will hire you from within Korea for six months, if that's what you would like. You don't have to squeeze a five-month contract into your remaining visa time. There's a procedure to this and it involves getting a letter of release from your boss to work somewhere new. It would cancel your old visa and leave you free to get a new one, for six months or a year or whatever you want. If you act soon enough, you won't have to fly to Japan to get the new visa.
I'm rusty on all this but it can definitely be done, the various experts on this forum can chime in on it and explain the details.
Or, if you reckon it's not worth the hassle you could just go home 
I'm not so sure that you're actually entitled to severance pay; as I understand it, severance is something you're only entitled to after finishing a full year's contract, even though it's not your fault that you couldn't finish the contract. I could be wrong on that. I can only say I didn't get severance when this happened to me.
Good luck. |
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tired of LA
Joined: 06 Nov 2006
Location: Seoul
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| Posted: Thu Aug 06, 2009 9:49 pm Post subject: Re: School went bankrupt - help, please? |
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| Carla wrote: |
| d_generate_girl wrote: |
I'm seven months into my contract, and my director (after two months of back and forth "we're closing", "no, we're staying open") has finally informed me that he's declaring bankruptcy. I'd really like to stay in Korea and finish out my contract, but I'm finding that no school wants a teacher for only five months.
My director keeps pressuring me to take the plane ticket home (which he's only agreed to pay for because he's "a nice person" and not because he's obligated to as per the terms of my contract), and he's flat-out refusing to pay any portion of my severance pay.
My question is - do I have any legal options at all? Can I speak to a lawyer, and would it do any good? Or do I just have to suck it up and go home with no sev pay? |
The severance pay only kicks into effect after a year. It's not a contract thing (like he's doing something nice) it's a law thing, everyone gets it for any legal job. And some people who get fired in month 11 aparently have been able to sue and get it because they were basically able to show that they were fired illegally just to avoid being paid severance and plane tickets. You're in a different category. You're employer just doesn't have it, and if you sue, he's declaring bankruptcy anyway. I think he's actually being a good guy (based on what I know) by giving you your ticket. Most of the "bad guys" wouldn't do that.
Basically, suck it up and go home (or stay another year!), but don't forget to file for your pension before you leave. |
Agree. It sucks, but you should just suck it up and go home. Most people wouldn't even be getting a ticket back home. Also, if you did find another school to take you for only five months, you still wouldn't get your severance pay, since you wouldn't have been with them for a full year.
I don't think talking to a lawer would do any good. The return ticket and severance are contingent upon completing a full year. If for whatever reason you can't complete a full year, then you don't get any of it. Unless of course your boss tries to pulla 11th month firing, which doesn't seem to be the case here. |
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cwflaneur
Joined: 04 Aug 2009
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| Posted: Thu Aug 06, 2009 9:57 pm Post subject: Re: School went bankrupt - help, please? |
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| tired of LA wrote: |
| Carla wrote: |
| d_generate_girl wrote: |
I'm seven months into my contract, and my director (after two months of back and forth "we're closing", "no, we're staying open") has finally informed me that he's declaring bankruptcy. I'd really like to stay in Korea and finish out my contract, but I'm finding that no school wants a teacher for only five months.
My director keeps pressuring me to take the plane ticket home (which he's only agreed to pay for because he's "a nice person" and not because he's obligated to as per the terms of my contract), and he's flat-out refusing to pay any portion of my severance pay.
My question is - do I have any legal options at all? Can I speak to a lawyer, and would it do any good? Or do I just have to suck it up and go home with no sev pay? |
The severance pay only kicks into effect after a year. It's not a contract thing (like he's doing something nice) it's a law thing, everyone gets it for any legal job. And some people who get fired in month 11 aparently have been able to sue and get it because they were basically able to show that they were fired illegally just to avoid being paid severance and plane tickets. You're in a different category. You're employer just doesn't have it, and if you sue, he's declaring bankruptcy anyway. I think he's actually being a good guy (based on what I know) by giving you your ticket. Most of the "bad guys" wouldn't do that.
Basically, suck it up and go home (or stay another year!), but don't forget to file for your pension before you leave. |
Agree. It sucks, but you should just suck it up and go home. Most people wouldn't even be getting a ticket back home. Also, if you did find another school to take you for only five months, you still wouldn't get your severance pay, since you wouldn't have been with them for a full year.
I don't think talking to a lawer would do any good. The return ticket and severance are contingent upon completing a full year. If for whatever reason you can't complete a full year, then you don't get any of it. Unless of course your boss tries to pulla 11th month firing, which doesn't seem to be the case here. |
Like I said, she doesn't need to find an unusual five-month contract; her boss seems like a good enough guy to give her a letter of release (and if he's going bankrupt he has no reason not to) and with a letter of release she can get her visa cancelled and get a new one for a six-month contract, which would be easier to find than a five-month contract.
The shite thing is you've lost your severance pay, you've taken a hit on that and there's no getting around that one... when I was looking for six-month contracts, some of them offered to give me a half-month's severance pay after finishing six months, but who knows if they would have honored even that, so ultimately I just opted for a new yearlong contract. |
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jennzy
Joined: 12 Jan 2009
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| Posted: Thu Aug 06, 2009 10:16 pm Post subject: |
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sorry about your school situation...
however, at least the director is willing to pay for your way home.
ive heard numerous horror stories especially on korean shows (like pd notes or some investigative shows) that a lot of foreigners get screwed when private schools go under because they're left with no money for the way home.
as for the case, you won't win.
if you read your contract, at least on my contract it says severence is paid upon a successful completion of the contract.
since you did not, (not by your choice) you have no right to a severence.
good luck in finding another job |
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thoreau
Joined: 21 Jun 2009
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| Posted: Fri Aug 07, 2009 2:21 am Post subject: |
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Is it possible for your current employer to continue to back your Visa? If so, you can just teach privates for the next 5 months. The employer won't care because they are going bankrupt anyway and immigration won't really care because you have a Visa.
Its not like someone from the school is going to complain.... |
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Kikomom
Joined: 24 Jun 2008
Location: them thar hills--Penna, USA--Zippy is my kid, the teacher in ROK. You can call me Kiko
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| Posted: Fri Aug 07, 2009 3:08 am Post subject: |
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| thoreau wrote: |
Is it possible for your current employer to continue to back your Visa? If so, you can just teach privates for the next 5 months. The employer won't care because they are going bankrupt anyway and immigration won't really care because you have a Visa.
Its not like someone from the school is going to complain.... |
Huh! ??? |
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Sector7G
Joined: 24 May 2008
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| Posted: Fri Aug 07, 2009 3:11 am Post subject: |
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| Kikomom wrote: |
| thoreau wrote: |
Is it possible for your current employer to continue to back your Visa? If so, you can just teach privates for the next 5 months. The employer won't care because they are going bankrupt anyway and immigration won't really care because you have a Visa.
Its not like someone from the school is going to complain.... |
Huh! ??? |
Haha It may be just crazy enough to work! |
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thoreau
Joined: 21 Jun 2009
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| Posted: Fri Aug 07, 2009 3:41 am Post subject: |
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| Kikomom wrote: |
:?:
| thoreau wrote: |
Is it possible for your current employer to continue to back your Visa? If so, you can just teach privates for the next 5 months. The employer won't care because they are going bankrupt anyway and immigration won't really care because you have a Visa.
Its not like someone from the school is going to complain.... |
Huh! ??? |
I'm sorry. Maybe I don't understand how it works.
I think that Visas are sponsored by your employer. So if your employer goes bankrupt you must find another job or leave the country.
However, if there is some loophole, like if the bankrupt owner doesn't report back to immigration, it would seem that your Visa would continue to be valid.
If you have a valid Visa you can stay in the country.
If you are in the country you can do privates on the down low.
Your employer won't care about the privates - they are bankrupt. You have no co-teachers so you don't have to worry about them complaining or reporting you.
So, as long as you don't do something incredibly stupid - you can finish out the year quietly teaching privates at a local coffee shop with your still good Visa.
Just trying to think outside the box a little. |
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iggyb
Joined: 29 Oct 2003
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| Posted: Fri Aug 07, 2009 3:54 am Post subject: |
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I agree with what others have written.
The boss giving you the ticket home is a step further than most people get in that kind of situation. And going to the Labor Board or a lawyer would largely be a waste of time given the chances of getting anything compared to the amount you are owed.
You should be able to get the release letter and continue working somewhere else ---- but ---- your ticket home will be gone from your old boss, and you will have to worry your new boss will not give you a return ticket for such a short number of months worked. I had that exact thing happen after a school I was at went bankrupt and the new school took me along with a promise to provide airfare.
If the old school doesn't put in the paperwork to terminate your visa, you could do the illegal privates -- as well as illegal part-time gigs at other hakwons - and make a lot of money to make up for any lost. I didn't do privates, but many do. Occasionally, you'll hear about some people getting caught in a sting operation targeting illegal teachers and hakwons that hire illegal part-time teachers...but not much. |
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bixlerscott
Joined: 27 Sep 2006
Location: Near Wonju, South Korea
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| Posted: Fri Aug 07, 2009 6:25 am Post subject: |
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| Oooh, go ahead and get out now ASAP by taking that free ride home even though it stinks that you have to start all over again on getting a severance pay. Be sure to get a letter of release and get your employer to go to your local immigration office with you to get you an exit order so you can get a new job. Then if you want a new job, your new employer will pay for your ticket back to Korea. Immediately on Monday, be sure to check with NPS that your employer matched and paid your pension payments as well as taxes with NTS. Heck, just make sure he paid into those 2 government offices what he took out of your pay and go enjoy a free visit home. |
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Enrico Palazzo
Mod Team
Joined: 11 Mar 2008
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| Posted: Fri Aug 07, 2009 7:44 am Post subject: |
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| thoreau wrote: |
Is it possible for your current employer to continue to back your Visa? If so, you can just teach privates for the next 5 months. The employer won't care because they are going bankrupt anyway and immigration won't really care because you have a Visa.
Its not like someone from the school is going to complain.... |
If someone hasn't got an F visa then they cannot legally do privates.
Please do not post about doing privates on Dave's ESL Cafe.
If you want to do those and take a risk then don't publicize it on here. That's been our long-standing policy.
Thank you,
The Mod Team |
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iggyb
Joined: 29 Oct 2003
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| Posted: Fri Aug 07, 2009 10:11 am Post subject: |
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I don't usually knock Dave's, but I will this time:
A person is being stranded, or close to it, in Korea after a school goes bankrupt, and veterans of the industry are giving ideas about how to cope with the situation, and Dave's wants all mention of illegal private teaching muted....
....It's not like the person is being told to rob banks...
Sometimes, doing them is the best way for an expat between a rock and a hard place to manage their situation... |
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Demophobe
Joined: 17 May 2004
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| Posted: Fri Aug 07, 2009 2:28 pm Post subject: |
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| iggyb wrote: |
I don't usually knock Dave's, but I will this time:
A person is being stranded, or close to it, in Korea after a school goes bankrupt, and veterans of the industry are giving ideas about how to cope with the situation, and Dave's wants all mention of illegal private teaching muted....
....It's not like the person is being told to rob banks...
Sometimes, doing them is the best way for an expat between a rock and a hard place to manage their situation... |
TOS mate. Nobody is forcing you to post here. |
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