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alice123
Joined: 16 Jan 2008
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 Posted: Wed Apr 21, 2010 10:01 pm Post subject: Can schools sue a teacher? |
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| I quit my gepik job and they said I could be sued even though they have 900,000won of my deposit money even though I had my own housing, 400,000 won of unpaid April's housing allowance money, and 640,000 won of unpaid overtime for March and this month. Can they really sue me? So in the end they end up with 2 mil of my money and I doubt I'd even see that. THey said the principal can sue me because I didn't give 30 days notice. But it's due to a family emergency. |
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Senior
Joined: 31 Jan 2010
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| Posted: Wed Apr 21, 2010 10:23 pm Post subject: |
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| Of course not. What would they sue you for? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Apr 21, 2010 10:28 pm Post subject: Re: Can schools sue a teacher? |
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| alice123 wrote: |
| I quit my gepik job and they said I could be sued even though they have 900,000won of my deposit money even though I had my own housing, 400,000 won of unpaid April's housing allowance money, and 640,000 won of unpaid overtime for March and this month. Can they really sue me? So in the end they end up with 2 mil of my money and I doubt I'd even see that. THey said the principal can sue me because I didn't give 30 days notice. But it's due to a family emergency. |
Who exactly said you could be sued? GEPIK officials or the teachers at your school?
Point out that you could countersue them for the wages (unpaid OT and housing money) under the Korean Labor Standards Act.
Also tell them that the KLSA does not say the worker has to give them any notice.
That said they could probably sue. If you are worried about it and don't want to fight it in court just leave at the earliest possible date (if you don't plan on coming back to Korea). OR you could try to work out a deal with your school where they keep the money in exchange for not suing you. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Apr 21, 2010 10:33 pm Post subject: |
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| Senior wrote: |
| Of course not. What would they sue you for? |
Breach of labor contract.
Article Five of the KLSA:
"Article 5 (Observance of Conditions of Labor)
Both employers and workers shall comply with collective agreements, rules of employment, and terms of labor contracts, and abide by them in good faith."
Although if what the OP says is accurate it sounds like the OP's school isn't honoring the contract either, so s/he does have a case.
OP, I'd point out to them that I have cause to sue them as well. Then after the finger-pointing and shouting died down, say "Keep the money and I'll walk. And nobody has to get sued. Adios."
On a related note never wait for money...NEVER. The day after I DIDN'T get paid, I'd be in the office asking some pointed questions. |
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Senior
Joined: 31 Jan 2010
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| Posted: Wed Apr 21, 2010 10:39 pm Post subject: |
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| TheUrbanMyth wrote: |
| Senior wrote: |
| Of course not. What would they sue you for? |
Breach of labor contract.
Article Five of the KLSA:
"Article 5 (Observance of Conditions of Labor)
Both employers and workers shall comply with collective agreements, rules of employment, and terms of labor contracts, and abide by them in good faith."
Although if what the OP says is accurate it sounds like the OP's school isn't honoring the contract either, so s/he does have a case.
OP, I'd point out to them that I have cause to sue them as well. Then after the finger-pointing and shouting died down, say "Keep the money and I'll walk. And nobody has to get sued. Adios."
On a related note never wait for money...NEVER. The day after I DIDN'T get paid, I'd be in the office asking some pointed questions. |
What would the penalty be? Force her to work the 30 days notice? 30 lashes? |
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balzor
Joined: 14 Feb 2009
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| Posted: Thu Apr 22, 2010 3:58 pm Post subject: |
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| TheUrbanMyth wrote: |
| Senior wrote: |
| Of course not. What would they sue you for? |
Breach of labor contract.
Article Five of the KLSA:
"Article 5 (Observance of Conditions of Labor)
Both employers and workers shall comply with collective agreements, rules of employment, and terms of labor contracts, and abide by them in good faith."
Although if what the OP says is accurate it sounds like the OP's school isn't honoring the contract either, so s/he does have a case.
OP, I'd point out to them that I have cause to sue them as well. Then after the finger-pointing and shouting died down, say "Keep the money and I'll walk. And nobody has to get sued. Adios."
On a related note never wait for money...NEVER. The day after I DIDN'T get paid, I'd be in the office asking some pointed questions. |
I recommend you get this in writing |
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