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Son Deureo!
Joined: 30 Apr 2003
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 Posted: Mon May 10, 2010 7:53 pm Post subject: Let go from my hogwon at 5 months, 3 weeks. Airfare? |
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I've been working at my hogwon since the beginning of the second week of December (start date would have been December 1st, but they had trouble arranging my visa in time) and was just informed that I am being let go at the end of May (24 days notice). My contract says that if I am dismissed with "due cause" before I have worked at the hogwon for 6 months that my airfare to Korea can be deducted from my final salary (about a million won). When I asked why I was being let go I was told "poor performance", but they refused to elaborate.
For the record, they had never previously come to me with any complaints about my teaching from parents or students, and only had positive things to say after classroom observations. Since I am not being replaced, student enrollment has been low and declining, Korean teachers at my school's other branch who quit have also not been replaced, salaries have been paid late recently, it seems pretty obvious to me that I'm being let go as a cost-cutting measure by a hogwon that is having serious financial difficulties. So be it.
I know that I'm not entitled to return airfare or severance, I just want to be able to collect my last salary and move on to greener pastures. They've said that they will let me keep my visa for as long as possible while I look for a new job (about a week or two after my last day), and I have agreed to move out of my apartment as soon as I'm done working there (I have a place to stay). The one loose end I'm worried about is airfare. Can they get away with deducting it from my final pay, or would I have a case at the Labor Board if it came down to that? |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 10, 2010 8:06 pm Post subject: |
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As long as they're still sponsoring your visa, they're still your employer and you're golden after that stretches past six months into the contract! Just be sure to keep showing up at work every day.
If you've recieved your previous pay just a week ago, you could also just bail on them now and then not worry about the deductions as you won't be there earning any money for them to cheat you out of. |
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Countrygirl
Joined: 19 Nov 2007
Location: in the classroom
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| Posted: Mon May 10, 2010 8:55 pm Post subject: |
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| You should contact the labor board but I believe they need to give you two warning letters before they can legally fire you. |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Tue May 11, 2010 12:57 am Post subject: |
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| Countrygirl wrote: |
| You should contact the labor board but I believe they need to give you two warning letters before they can legally fire you. |
Nice to know, but I really don't want to keep this job, let alone try to force them to keep me. There's no love lost here. I just don't want to get screwed out of my airfare because they fired me one week before the six month deadline.
I remember (probably from a ttompatz post) reading that punitive clauses are illegal and unenforceable, and I'm wondering if the airfare provision in mine would qualify. |
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teacherinseoul
Joined: 18 May 2008
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| Posted: Tue May 11, 2010 1:18 am Post subject: |
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| Son Deureo! wrote: |
Nice to know, but I really don't want to keep this job, let alone try to force them to keep me. There's no love lost here. I just don't want to get screwed out of my airfare because they fired me one week before the six month deadline.
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They must legally give you 30 days notice. It's obvious that they don't want to pay the airfare. Asking them nicely will likely get you nothing. Talk to someone from the ministry of labor (1544-1350 no area code). Alternatively, visit an office. Get someone from the ministry to call the school on your behalf. If it comes to a legal dispute, the ministry of labor will give FREE legal aid support for overdue payments up to 2 million won. |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Tue May 11, 2010 8:27 pm Post subject: |
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I called the Labor Board, and the very friendly and helpful English-speaking counselor there said the following:
- Since I have been there for less than six months I am NOT entitled to any notice of termination or written warnings before I am let go.
- Remaining here on their visa without actually working for them will not have me be considered to still be the employee in the eyes of the Labor Board, or probably civil courts either. That's just my Immigration status.
- My employer may not make any deductions from my salary for any reason for money they believe I owe them. I'd definitely have a case with the Labor Board if they did.
- They could legally require me to pay them back my airfare after they paid me, and if I refused to pay them back they'd have to sue me to get it in civil court.
So basically I could fight through the Labor Board to get my airfare back if they took it from me, and then they could most likely take me to court to get it right back.  |
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NYC_Gal
Joined: 08 Dec 2009
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| Posted: Tue May 11, 2010 8:38 pm Post subject: |
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| Screw'em. They're screwing you. Pull a runner and make sure to hand in your ARC when you leave, ensuring that your visa is canceled. Take a month or two off back home, get your docs in order, then come back (check first that your visa was, in fact, canceled). |
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dirving
Joined: 19 Nov 2009
Location: South Korea
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| Posted: Tue May 11, 2010 10:38 pm Post subject: Re: Let go from my hogwon at 5 months, 3 weeks. Airfare? |
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| Son Deureo! wrote: |
I've been working at my hogwon since the beginning of the second week of December (start date would have been December 1st, but they had trouble arranging my visa in time) and was just informed that I am being let go at the end of May (24 days notice). My contract says that if I am dismissed with "due cause" before I have worked at the hogwon for 6 months that my airfare to Korea can be deducted from my final salary (about a million won). When I asked why I was being let go I was told "poor performance", but they refused to elaborate.
For the record, they had never previously come to me with any complaints about my teaching from parents or students, and only had positive things to say after classroom observations. Since I am not being replaced, student enrollment has been low and declining, Korean teachers at my school's other branch who quit have also not been replaced, salaries have been paid late recently, it seems pretty obvious to me that I'm being let go as a cost-cutting measure by a hogwon that is having serious financial difficulties. So be it.
I know that I'm not entitled to return airfare or severance, I just want to be able to collect my last salary and move on to greener pastures. They've said that they will let me keep my visa for as long as possible while I look for a new job (about a week or two after my last day), and I have agreed to move out of my apartment as soon as I'm done working there (I have a place to stay). The one loose end I'm worried about is airfare. Can they get away with deducting it from my final pay, or would I have a case at the Labor Board if it came down to that? |
Chungnam Provincial Office of Education did the same thing to me except it was a mere 3 days before the 6 months mark of the contract, Then they dinged me 1.6 million won as a "penalty" for firing me with no notice whatsoever. you know where that cash of mine goes, eh. It goes to the schools weekly drinkin' parties with their buddies eatin' all the fried chicken and watermelon they can on my money. (I ain't shittin' you: They really do have such parties every Thursday afternoon at 4pm where they get loaded out they minds.)
The well-known N.G.O. named Gonggam (A.K.A., The Beautiful Foundation), who's reppin' Andrea Vandom's constitutional court challenge of immi's E-2 Work Visa policy, might take on my case. Please P.M. me. You might be able to get help from Gonggam. |
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dirving
Joined: 19 Nov 2009
Location: South Korea
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| Posted: Tue May 11, 2010 10:45 pm Post subject: |
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| Son Deureo! wrote: |
I called the Labor Board, and the very friendly and helpful English-speaking counselor there said the following:
- Since I have been there for less than six months I am NOT entitled to any notice of termination or written warnings before I am let go.
- Remaining here on their visa without actually working for them will not have me be considered to still be the employee in the eyes of the Labor Board, or probably civil courts either. That's just my Immigration status.
- My employer may not make any deductions from my salary for any reason for money they believe I owe them. I'd definitely have a case with the Labor Board if they did.
- They could legally require me to pay them back my airfare after they paid me, and if I refused to pay them back they'd have to sue me to get it in civil court.
So basically I could fight through the Labor Board to get my airfare back if they took it from me, and then they could most likely take me to court to get it right back. |
Yeah, that's what the counselor in Taejeon told me on April 8th, but she also said to me that the 6 months thing doesn't apply and that the contract must be followed in "good faith." In my case, she stressed that there's no way that good faith meant squat to those loads.
There is another teacher in Chungnam Province who got sacked in the same manner as me last month. He told my friend that the office is slandering him to everybody who calls them to talk about him. If your school trashes your rep, then nail 'em with a law suit! |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Wed May 12, 2010 5:44 am Post subject: |
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Thanks for the responses everyone. For what it's worth, although the contract says they can deduct my airfare, they have seemed so dimly aware of what their own contract (each foreign teacher has a different contract) says that it's entirely possible they don't know it says that. They didn't tell me they're deducting airfare from my salary, but the circumstances and contract make me suspicious enough that I want to know what my options are.
I'm planning on finishing the month, keeping the apartment for now and even getting half my month's pay makes it worthwhile at the moment. Plus, they say they have no problem with canceling my visa or transferring it. At this point I've already worked nearly half the month anyway, so running now doesn't really prevent them from screwing me out of anything.
Dirving, I would like to know a bit more about the Gonggam Foundation. PM me if you don't feel comfortable discussing it more here. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Wed May 12, 2010 8:38 pm Post subject: Re: Let go from my hogwon at 5 months, 3 weeks. Airfare? |
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| dirving wrote: |
| Son Deureo! wrote: |
I've been working at my hogwon since the beginning of the second week of December (start date would have been December 1st, but they had trouble arranging my visa in time) and was just informed that I am being let go at the end of May (24 days notice). My contract says that if I am dismissed with "due cause" before I have worked at the hogwon for 6 months that my airfare to Korea can be deducted from my final salary (about a million won). When I asked why I was being let go I was told "poor performance", but they refused to elaborate.
For the record, they had never previously come to me with any complaints about my teaching from parents or students, and only had positive things to say after classroom observations. Since I am not being replaced, student enrollment has been low and declining, Korean teachers at my school's other branch who quit have also not been replaced, salaries have been paid late recently, it seems pretty obvious to me that I'm being let go as a cost-cutting measure by a hogwon that is having serious financial difficulties. So be it.
I know that I'm not entitled to return airfare or severance, I just want to be able to collect my last salary and move on to greener pastures. They've said that they will let me keep my visa for as long as possible while I look for a new job (about a week or two after my last day), and I have agreed to move out of my apartment as soon as I'm done working there (I have a place to stay). The one loose end I'm worried about is airfare. Can they get away with deducting it from my final pay, or would I have a case at the Labor Board if it came down to that? |
Chungnam Provincial Office of Education did the same thing to me except it was a mere 3 days before the 6 months mark of the contract, Then they dinged me 1.6 million won as a "penalty" for firing me with no notice whatsoever. you know where that cash of mine goes, eh. It goes to the schools weekly drinkin' parties with their buddies eatin' all the fried chicken and watermelon they can on my money. (I ain't shittin' you: They really do have such parties every Thursday afternoon at 4pm where they get loaded out they minds.)
The well-known N.G.O. named Gonggam (A.K.A., The Beautiful Foundation), who's reppin' Andrea Vandom's constitutional court challenge of immi's E-2 Work Visa policy, might take on my case. Please P.M. me. You might be able to get help from Gonggam. |
How long ago was this? Did you fight it? I believe the EPIK contract specifically states written warnings. It's possible they might not renew your contract. You must have written warnings. They must have specific proof such as a police report or conviction if they are to fire you for "bad conduct". If the dismissal was just recently. Go into the office and sit beside them until they give you the money. Type up a good letter explaining your case and situation. Send a copy to the labor board, email another to the ed office. Then go in person and present them with a copy of it. This way, they can't say they don't understand your english as an excuse. Just sit next to the supervisor. If he yells, scream at him and be a pain in the a$$. Make their life hell. You must have notice and firing you 3 days before the six month mark is too suspicious.
If they are trash talking you, try and get proof. Then sue them. Libel laws are very strong in this country. |
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