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alshain
Joined: 14 Aug 2009
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Posted: Thu Jan 21, 2010 11:02 am Post subject: School can't afford me anymore | F-4 visa | Advice? |
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Seven months ago, I arrived in Korea and started working at a hogwon in Seoul. A couple management changes later, things have never been better in every way--classes, the school's satisfaction with my job performance, mood in the office, relationship with management, etc.--except for the school's finances.
I am the only teacher working a 1-9 shift; everyone else is 9-7:30. This Tuesday, my director told me that with shrinking enrollment, he couldn't afford to keep me in my current position for the coming new semester in 5 weeks. He asked me to switch the remainder of my contract (through the beginning of July) to the 9-7:30 shift, bringing me in line with the rest of my coteachers, but that if I didn't, he would have to let me go. He gave me until Friday (today) to decide.
I've decided to walk--I've got nothing against the hogwon, but those hours are just not what I signed for coming over here. Also, I'm an F-4, so in perspective, I understand that I'm fortunate in that I've got options and rights that make this more of a rather large inconvenience as opposed to something that threatens my legal status. Nor do I see a need to pick a fight with my director; while I'm not happy about how he handled this, I do have every reason to believe he is being honest--the place is clearly struggling (and had been before he took over), all of our classes have indeed shrunk over the course of the semester, and he's never blamed me or questioned my teaching performance. Nevertheless, I want to walk away with as much as I can, dignity included.
I talked with my academic coordinator about what she thought my director would be willing to give me (didn't want to bring it up with him yet), and she said I would most likely get my one-month severance and airfare home. Do you guys think that's a reasonable deal? Well, reasonable, as in, would I be likely to get anything more by taking it up with the labor board? What should I be asking him for? I haven't decided yet whether I want to stay, go travel, or go home after this, so although I plan to tell him today that I am not willing to take the extra hours, but I need more time to negotiate an out; I also thought about telling him I would have my Korean relatives get an attorney to review this (which I believe I could do). Good/bad idea? Thanks for any input or advice. |
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oskinny1

Joined: 10 Nov 2006 Location: Right behind you!
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Posted: Thu Jan 21, 2010 2:41 pm Post subject: |
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What does your contract say? If it is anything like most than you won't be getting severance or a plane ticket. You Should (legally) get one month's pay as he needs to give you 30 days notice if being fired...but, after reading your post again it looks like you resigned, and weren't fired. So in that case you might not get anything at all. |
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blackjack

Joined: 04 Jan 2006 Location: anyang
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Posted: Thu Jan 21, 2010 2:42 pm Post subject: |
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There is no legal requirement for them to give you anything other than 30 days notice (unless more is specified in the contract). You may be lucky but I doubt you will get anything other than the 30 days notice |
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alshain
Joined: 14 Aug 2009
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Posted: Thu Jan 21, 2010 6:58 pm Post subject: |
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Sorry, I should have been more clear. I'm not resigning--my contract is for a 1-9 shift. He wants me to voluntarily take on more hours; I'm just refusing and sticking to my contract, which he has told me will result in me being fired. The termination clause is:
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Employer may terminate this Contract for any one of the following reasons:
A. If Employee violates the laws of the Republic of Korea.
B. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
C. If Employee is absent from work for more than three (3) days without Employer�s authorization.
D. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 10-3. |
...none of which have happened. But I guess if there's no legal requirement for anything except notice, I'll take whatever I can get. If, as my academic coordinator suggested, he gives me an additional one month's pay and airfare, I guess I should consider myself lucky... |
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PeterDragon
Joined: 15 Feb 2007
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Posted: Thu Jan 21, 2010 7:46 pm Post subject: |
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I wouldn't go to the labor board. Although you didn't technically resign, this really does sound like a mutual decision, and the labor board may see it that way as well.
In addition, there's a huge difference between what the labor board might award you and what your school is actually capable of giving you. If the labor board asks your financially strapped school for extra money that they simply don't have or don't feel comfortable parting with, getting it from them could be complex and time consuming in and of itself.
In even offering you a different shift rather than a layoff, it sounds like this is a fairly ethical, straight shooting school by hagwon standards. Work with em and see what happens. You can worry about the labor board later if they get nasty to you in your final days. |
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Nemo
Joined: 28 May 2006
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Posted: Thu Jan 21, 2010 10:23 pm Post subject: |
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You'd be lucky to get one month severance if you decide to walk.
You only worked there 7 months.
Maybe your employer is going to pro rata it out of the goodness of their hearts.
You're actually entitled to one month severance after 12 months. |
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hellofaniceguy

Joined: 10 Jan 2003 Location: On your computer screen!
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Posted: Fri Jan 22, 2010 2:19 am Post subject: |
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Why not tell him straight up....."you wanted a teacher, we came to an agreement, I teach on time according to the contract that we BOTH signed, you pay on time. I am not breaking any terms of the contract. I don't want to change it. Fire me if you want, I will sue." Simple enough. It's long overdue that many of these idiot hogwon owners need to learn to follow the terms of contracts that THEY wrote up! |
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blackjack

Joined: 04 Jan 2006 Location: anyang
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Posted: Fri Jan 22, 2010 6:40 am Post subject: |
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hellofaniceguy wrote: |
Why not tell him straight up....."you wanted a teacher, we came to an agreement, I teach on time according to the contract that we BOTH signed, you pay on time. I am not breaking any terms of the contract. I don't want to change it. Fire me if you want, I will sue." Simple enough. It's long overdue that many of these idiot hogwon owners need to learn to follow the terms of contracts that THEY wrote up! |
as long as they give him/her the required notice then they aren't breaking the contract there simply is no work. They offered a compromise, the op doesn't want it so that will be that. They aren't being fired, simply being laid off.
The op could try a counter compromise |
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alshain
Joined: 14 Aug 2009
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Posted: Fri Jan 22, 2010 10:30 am Post subject: |
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Thanks for the advice, all. As I guess I have no legal ground to stand on, I was understanding and explained my situation to the director and (politely) said I thought severance and airfare as per the original contract would be appropriate. He thought about it, said he would have to think some more, but that he would see what he could do. And you're right, PeterDragon, our director (the current one) has, in my experience, always been an unusually straightshooter. Like I said in the OP, hellofaniceguy, I don't see a need to pick a fight with him if I don't have to, especially as I actually signed a contract with the manager a few managers ago. I don't expect to get both the severance payment and airfare, but either one would be nice at this stage. Thanks again, all. |
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blackjack

Joined: 04 Jan 2006 Location: anyang
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Posted: Fri Jan 22, 2010 5:26 pm Post subject: |
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alshain wrote: |
Thanks for the advice, all. As I guess I have no legal ground to stand on, I was understanding and explained my situation to the director and (politely) said I thought severance and airfare as per the original contract would be appropriate. He thought about it, said he would have to think some more, but that he would see what he could do. And you're right, PeterDragon, our director (the current one) has, in my experience, always been an unusually straightshooter. Like I said in the OP, hellofaniceguy, I don't see a need to pick a fight with him if I don't have to, especially as I actually signed a contract with the manager a few managers ago. I don't expect to get both the severance payment and airfare, but either one would be nice at this stage. Thanks again, all. |
you could try getting them pro-rated |
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