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jpotter78
Joined: 29 Oct 2009
Location: Seoul, South Korea
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 Posted: Thu Apr 22, 2010 6:36 pm Post subject: Wrongful dismissal - course of action? |
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I know this is a complicated issue that many of you will have no idea how to handle, but maybe someone out there has been in a similar situation.
I am probably going to be dismissed from my job without notice (I say probably because the manager at my school, who has ALREADY been fired, said that the owner is going to fire me and the other teacher too). Let me state that I have been the model teacher coming in early everyday for 4 months, taught every one of my classes, kids love me along with the parents, and leave late everyday. My contract states that I must be given a month's notice. No problem right, lawyer up! I have done it before and got my money. This time is different though. I contacted Foreign Affairs and they said since there are less than 5 employees here, that there isn't much I can do. Any ideas? Legal ideas? I just want a month's notice while I look for other jobs.
No need to post..."GTFO of there!" or "You're screwed buddy!" - I already know that  |
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Senior
Joined: 31 Jan 2010
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| Posted: Thu Apr 22, 2010 6:41 pm Post subject: |
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Start looking for a new job.
How much of that months pay will the lawyer get, if you decide to take that route? |
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World Traveler
Joined: 29 May 2009
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| Posted: Thu Apr 22, 2010 6:54 pm Post subject: Re: Wrongful dismissal - course of action? |
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| jpotter78 wrote: |
| My contract states that I must be given a month's notice. No problem right, lawyer up! I have done it before and got my money. This time is different though. I contacted Foreign Affairs and they said since there are less than 5 employees here, that there isn't much I can do. |
If there are less than 5 employees, the school doesn't have to follow the contract?
I did hear that those at a place with less than 5 employees have less legal rights, which is very unjust in my opinion.
What I'm trying to figure out is precisely how the legal protections differ between those with 5 or more employees and those with less.
Does anyone know? |
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jpotter78
Joined: 29 Oct 2009
Location: Seoul, South Korea
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| Posted: Thu Apr 22, 2010 7:28 pm Post subject: |
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| Senior wrote: |
How much of that months pay will the lawyer get, if you decide to take that route? |
Not a problem. Got a friend who will do it. |
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balzor
Joined: 14 Feb 2009
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| Posted: Thu Apr 22, 2010 7:47 pm Post subject: |
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| Start looking for a job now, hit up a bunch of recruiters. You have a month after you get fired before you are supposed to leave the country anyway so there is time. There are so many school at this point that are desperate to find a teacher |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Apr 22, 2010 10:40 pm Post subject: Re: Wrongful dismissal - course of action? |
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| jpotter78 wrote: |
I know this is a complicated issue that many of you will have no idea how to handle, but maybe someone out there has been in a similar situation.
I am probably going to be dismissed from my job without notice (I say probably because the manager at my school, who has ALREADY been fired, said that the owner is going to fire me and the other teacher too). Let me state that I have been the model teacher coming in early everyday for 4 months, taught every one of my classes, kids love me along with the parents, and leave late everyday. My contract states that I must be given a month's notice. No problem right, lawyer up! I have done it before and got my money. This time is different though. I contacted Foreign Affairs and they said since there are less than 5 employees here, that there isn't much I can do. Any ideas? Legal ideas? I just want a month's notice while I look for other jobs.
No need to post..."GTFO of there!" or "You're screwed buddy!" - I already know that |
Under Korean Labor Law they do not have to give you advance notice if you have been working less than six months at that place.
Article 26 of the Korean labor law states that an employer must give 30 days advance notice of dismissal.
But Article 35 says that Article 26 does not apply to "3. a worker who has been employed as a monthly-paid worker fpr less than six months."
Add to that there are less than 5 employees...and I see no legal recourse.
But your alleged dismissal is just based on the word of a disgruntled ex-employee, right? No harm in looking for other jobs...but don't burn any bridges until you know that it's true. |
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