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i'm at a loss.

 
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msluckychucky



Joined: 02 Jul 2009

PostPosted: Thu Feb 04, 2010 2:07 am    Post subject: i'm at a loss. Reply with quote

Today I was called into my Directors office at the end of the day. She basically told me that I have a decision to make. She has had trouble paying us on time for the past several months. We've all let it slide because we've all gotten our pay by the end of the month. Regardless, today she told me that she had received a call from a fellow Director who is in Seoul (I live in Ilsan). I should also admit that I only have 6 weeks left on my contract. I would have to move house all the way to Seoul for only 6 weeks and then move it back to Ilsan for storage while I go on a trip home. She told me that she needs me to do this so that she can afford to pay my severance and airplane ticket, as well as the rest of the money she owes me for this months pay.

I told her that I would give an answer by the morning. I asked her what would happened if I said "no" and she said that I would have to resign. I'm at a total loss as to what to do or where to turn.

I guess what I'm wondering is...would I be forfeiting my severance, pay, and airplane ticket home if I reject her offer? Is this even legal?

Thanks.
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wesharris



Joined: 10 Oct 2008

PostPosted: Thu Feb 04, 2010 2:43 am    Post subject: Reply with quote

Hiya.
You don't have to resign.
They'd be terminating your contract.
Finding themselves liable for both severance AND final months pay.
You'd get your flight money, all the fun stuff.
The hagwon will try to say no no, can't do that.
BUT, you should always remember the labor board is there for you.
_+_+
Wes
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Thu Feb 04, 2010 2:57 am    Post subject: Reply with quote

Work out an agreement where you get full severance and airfare, plus a stipend for the next six weeks, but you will not be able to resign at this time.
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oskinny1



Joined: 10 Nov 2006
Location: Right behind you!

PostPosted: Thu Feb 04, 2010 3:40 am    Post subject: Reply with quote

DO not resign! Make her fire you. If you resign you are forfeiting your ticket and your severance. Also, isn't this against your visa? Ask her to write down that she wants you to work at another location which is against your visa and if you don't you will be fired.

You have to pack up your entire apartment? Can't you just pack a bag for the 6 weeks?
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msluckychucky



Joined: 02 Jul 2009

PostPosted: Thu Feb 04, 2010 3:47 am    Post subject: Reply with quote

i just wonder what would happen if i made her fire me by refusing to accept the new position and/or resign. she said that she was only doing this so that she could afford my severance and flight. if i force her into firing, she wouldn't have the money anyway.


as far as the bag...you are right. i would just have to find somewhere to keep my things. it doesn't help that i have trips planned for the next two weekends and this just doesn't fit into my schedule at all!
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wesharris



Joined: 10 Oct 2008

PostPosted: Thu Feb 04, 2010 5:48 am    Post subject: Reply with quote

msluckychucky wrote:
i just wonder what would happen if i made her fire me by refusing to accept the new position and/or resign. she said that she was only doing this so that she could afford my severance and flight. if i force her into firing, she wouldn't have the money anyway.


as far as the bag...you are right. i would just have to find somewhere to keep my things. it doesn't help that i have trips planned for the next two weekends and this just doesn't fit into my schedule at all!

Either call her bluff or not, your choice. My guess is , 9/10 times in this situation the Hagwon operator is not being truthful.
_+_+
Wes
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Thu Feb 04, 2010 5:57 am    Post subject: Reply with quote

Let her go to Seoul. Tell her you'll stay where you are, she pays the bills. You'll be living on subsistence for a month and a bit, but at the end, you get flight and severance.

As for the rest of you, get serious. We're not making a western here.
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wesharris



Joined: 10 Oct 2008

PostPosted: Thu Feb 04, 2010 7:16 pm    Post subject: Reply with quote

ChilgokBlackHole wrote:
Let her go to Seoul. Tell her you'll stay where you are, she pays the bills. You'll be living on subsistence for a month and a bit, but at the end, you get flight and severance.

As for the rest of you, get serious. We're not making a western here.

Don't move to Seoul.
That's illegal young lady.
Honestly she has no legs to stand on.
Call her on it.
_+_+
Wes
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Thu Feb 04, 2010 8:34 pm    Post subject: Reply with quote

wesharris wrote:
ChilgokBlackHole wrote:
Let her go to Seoul. Tell her you'll stay where you are, she pays the bills. You'll be living on subsistence for a month and a bit, but at the end, you get flight and severance.

As for the rest of you, get serious. We're not making a western here.

Don't move to Seoul.
That's illegal young lady.
Honestly she has no legs to stand on.
Call her on it.
_+_+
Wes

My uncle used to say "You may be right...dead right."

It's one thing to stand on principle and not let yourself get walked over, it's quite another to do something foolish and lose it all. She could be lying, trying to get him to quit, but what if she's telling the truth, that there just isn't any bloody money? What then? He stands up for himself, gets a lawyer, goes to the labor board, gets a judgment, and what does he end up with? Stugots. Nothing.

Better to cut a deal and take what you can get than to stand up for yourself and get knocked down. But hey, if he wants to play super-songsaeng, defender of all foreign English teachers in Korea, then by all means. ATEK supposedly represents teachers in Korea in situations like this, why not give them a try?
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ThingsComeAround



Joined: 07 Nov 2008

PostPosted: Thu Feb 04, 2010 11:28 pm    Post subject: Reply with quote

whatever you do, get it in writing
pay scale at new place
place you will live at in new place
transportation cost
settlement cost

let her also write about why it is necessary to move you away for 6 weeks. in English and Korean, and have a friend verify that it is true (friend, not co-worker)

get them signed and sealed, all done on the business letterhead

let her know you will need official "documents" of these changes, she will probably back down
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buster brown



Joined: 26 Aug 2005
Location: Seoul

PostPosted: Thu Feb 04, 2010 11:58 pm    Post subject: Reply with quote

If you don't mind teaching at the other school for 6 weeks, why don't you approach her with a legal suggestion? Go to immigration and get the other school listed as a workplace on your ARC. I'm not sure about the exact procedure, but it's been done before. The only possible roadblock I see is if the other school is not allowed to hire foreign teachers...in that case it can't be done. Anyway, offer this as the only way you're willing to work at the other location. If she can't or won't do it, then you shouldn't work at the other location and risk running afoul of Immi.

And just in case this works its way to the Labor Board (i.e. illegal end of contract firing without cause), you should start building your case by recording all future conversations and communicating by email with your employer. Yes, it's underhanded...but you don't know how it's going to work out and it's better to be prepared than to play the "he said/she said" game.

I foresee a rocky road in your near future. Good luck.
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