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poppydaisy
Joined: 02 Mar 2008 Location: Bundang, Korea
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Posted: Mon Apr 12, 2010 8:39 pm Post subject: ? abt severance pay&early terminatn of contract by emplo |
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I'm at an after school program and the after school program and the public school had some contract renewal issues and I'm going to be off for approximately 2-3 weeks until we can get back into the school. In the mean time, my employer(after school program) is asking me to take those days off without pay or to take it in lieu of my summer and winter vacation.
When I told them they had to pay my wages per Wage Guarentee Act (found in LSA) then they said they're going to rethink about renewing with that public school, meaning I would not have a job. Then I asked for my air ticket back home and for my severance which I think is fair because I would have fulfilled my end of the contract.
In this case, are they responsible for paying severance? What does the LSA say about that? I started this job in January of this year. How much notice do they owe me before letting me go?
Thanks for all your help guys!! |
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crisdean
Joined: 04 Feb 2010 Location: Seoul Special City
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Posted: Mon Apr 12, 2010 9:00 pm Post subject: Re: ? abt severance pay&early terminatn of contract by e |
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poppydaisy wrote: |
I'm at an after school program and the after school program and the public school had some contract renewal issues and I'm going to be off for approximately 2-3 weeks until we can get back into the school. In the mean time, my employer(after school program) is asking me to take those days off without pay or to take it in lieu of my summer and winter vacation.
When I told them they had to pay my wages per Wage Guarentee Act (found in LSA) then they said they're going to rethink about renewing with that public school, meaning I would not have a job. Then I asked for my air ticket back home and for my severance which I think is fair because I would have fulfilled my end of the contract.
In this case, are they responsible for paying severance? What does the LSA say about that? I started this job in January of this year. How much notice do they owe me before letting me go?
Thanks for all your help guys!! |
This won't be the Woong-jin ThinkBig English-Star program would it?
The exact same thing happened to me last year, and I didn't get jack squat.
Anyways, what does your contract specifically say about severence and airfare? It likely only says that your get severence upon successful completion of contract (which you haven't done) sure it's not your fault, but that's too bad. And for the plane ticket it probably says something along the lines of "if the employee fails to complete the contract under circumstances beyond their control, then the employer may choose to reimburse return airfare" ie. they doen't have to do diddly-squat. Always, always read the contract, if there are any loop-holes in it, then you're screwed. |
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poppydaisy
Joined: 02 Mar 2008 Location: Bundang, Korea
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Posted: Tue Apr 13, 2010 1:47 am Post subject: |
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No it's not them. My employer said they would provide airfare back home but you see, they are choosing not to renew because they don't want to pay me because I got their arm twisted. They want to have the last word and that was the only way to get me "scared". I told them I'd be happy to go home and find another job.
As far as severance, yeah, it does say after completion of a year but isn't there an exception to the rule? I thought I read it somewhere that Ministry of Labor found in favor of a teacher in a similar situation. It's not that my employer is going bankrupt and closing down, they are choosing not to renew with the public school based on how I'm approaching them about my wages which only turns out to be 4 days of missed work now. Or they could just be telling me this to have the last word.
They got me going to some school with the native teacher already present, asking me to teach while the Korean teacher sits there and does nothing....just so that they can pay me! So, for 2 weeks, the children at this school will be taught only by two native teachers. This is plain hatefulness!!!
Any experts out there on this?? |
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tired of LA
Joined: 06 Nov 2006 Location: Seoul
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Posted: Tue Apr 13, 2010 4:24 pm Post subject: |
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The exception to the rule that you might be referring to might be about 11 month firings. Some shady employers used to and some still might, fire teachers in the 11th month in order to avoid paying severance and airfare. The Labor Board caught on and started forcing them to pay up if they fired people in the 11th month, even if they didn't complete the contract.
As far as I know, there are no other exceptions to the rule.
As for you going to some random school in the mean time, is the school on your ARC card? If not, you could tell them you cannot go, since it would be illegal.
They owe you 30 days notice or pay, when firing you. If you do not complete the contract, even if it is because they choose to let you go, they do not have to pay you severance or airfare. |
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poppydaisy
Joined: 02 Mar 2008 Location: Bundang, Korea
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Posted: Wed Apr 14, 2010 1:09 am Post subject: |
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Yeah, it's a bit shady having me go to another school when there are two teachers who are ready and able. They're just putting me to work because they can.....no I'm choosing to. Actually, according to the LSA, they can't just transfer me to another school because my contract states a specific school but I'm doing this in hopes that I get to finish my contract and wanting severance.
My ARC card doesn't have any school...I have an F-4 visa. Just renewed for 3 years without the help of the school.
It's a terrible feeling not knowing if I'm going to be moving, having to get another job quickly, going back home to the States or anything. What I realized through all this is how people in position of power use their power. It's what they choose to do with the power that's given to them, that ultimately defines their character.
thanks for the info and your support everyone!!! |
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