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baroness
Joined: 21 Jun 2010
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 Posted: Mon Jun 28, 2010 5:34 pm Post subject: Contract cancelled with 6 weeks to go |
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I have been given 60 days notice (not in writing) which will take me to 6 weeks before I would have completed my contract. I won't be given any severance or airfare. I have been told that this is illegal as they can't do this so close to the end, does anyone think I have a case?
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louiloui
Joined: 14 Oct 2008
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| Posted: Mon Jun 28, 2010 5:40 pm Post subject: |
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| I would confront the school and let them know that A) they have to give you notice in writing and B) if they insist that this is how they want to proceed that you will be contacting a lawyer and the Labor Board to file an official complaint about being fired so late in your contract. This is assuming that you have not done anything that justifies their action, because if you have then you are SOL. |
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baroness
Joined: 21 Jun 2010
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| Posted: Mon Jun 28, 2010 6:07 pm Post subject: |
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it is the entire after-school programme in the region that is finishing, the school are taking over the programme themselves and therefore using the teachers already within the school.
I am a little worried that if I broach the subject so early on they will kick me out on my rear, I am also wanting to get a reference and release letter so I can get a job to see out the last month of my visa, the principal doesn't seem that keen on private after-school so we haven't been in favor since the beginning
Thanks for your reply |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Mon Jun 28, 2010 6:39 pm Post subject: |
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you have not received notice for dismissal until you receive it in writing (and they can't backdate it). the labor standard for notice of dismissal is 30 days, but if your contract says 60, then they must give 60 days notice. Contract clauses can be more than the labor laws, but never less or contradict them or they become void in the contract.
it's not illegal to dismiss someone just before the end of their contract, but it is a popular scam that employers have liked to pull on FT's. however, it's a scam that has been pulled a little too often and now the labor board is wise to it and doesnt like it.
unless you did something quite egregious, your employer likely does not have a sufficient reason to dismiss you and the labor board will find in your favor. |
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wesharris
Joined: 10 Oct 2008
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| Posted: Mon Jun 28, 2010 6:43 pm Post subject: |
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You're fine mate 60 days is 8 weeks.
So just point that out. |
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baroness
Joined: 21 Jun 2010
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| Posted: Mon Jun 28, 2010 7:18 pm Post subject: |
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my 8 weeks will be Friday so if I don't get it by then they will be illegal in more way than one, either way I will speak to the labor board if they are not willing to change their minds
Thanks everyone
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seonsengnimble
Joined: 02 Jun 2009
Location: taking a ride on the magic English bus
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| Posted: Mon Jun 28, 2010 7:19 pm Post subject: |
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| it is the entire after-school programme in the region that is finishing, the school are taking over the programme themselves and therefore using the teachers already within the school. |
I don't think there is really much you can do since it seems like the entire program is shutting down.
Correct me if I'm wrong, but it sounds like your after school program is being fired, not you. I doubt you can take the public school to court for firing your company or your boss for being fired by the public school.
If I were in your position, I'd probably just try to finish on good terms. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Mon Jun 28, 2010 7:32 pm Post subject: |
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| seonsengnimble wrote: |
| Quote: |
| it is the entire after-school programme in the region that is finishing, the school are taking over the programme themselves and therefore using the teachers already within the school. |
I don't think there is really much you can do since it seems like the entire program is shutting down.
Correct me if I'm wrong, but it sounds like your after school program is being fired, not you. I doubt you can take the public school to court for firing your company or your boss for being fired by the public school.
If I were in your position, I'd probably just try to finish on good terms. |
agreed. i had the window open a long time before i typed and posted my previous reply and some more info was posted before i did that.
if you want to remain in korea, then try to get your employer to give you a letter of release so that you can transfer to a new job. if they refuse to give you a letter of release (LOR), you'll have to start over with the visa process.
if they dont provide the LOR and/or you dont plan on remaining in korea, then you can still fight them at labor for wrongful dismissal- youre just more likely to lose, but it wont cost you anything to make a claim and you might get some money if you win. |
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wesharris
Joined: 10 Oct 2008
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| Posted: Mon Jun 28, 2010 8:35 pm Post subject: |
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| They still have to pay the guy his severance and airfare. At six weeks left, he still has another 2 weeks beyond that before the actual program is switched over. That leaves him with a two week buffer, which his contract ends upon. So he should be alright. |
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wesharris
Joined: 10 Oct 2008
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| Posted: Mon Jun 28, 2010 8:36 pm Post subject: |
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| They still have to pay the guy his severance and airfare. At six weeks left, he still has another 2 weeks beyond that before the actual program is switched over. That leaves him with a two week buffer, which his contract ends upon. So he should be alright. |
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baroness
Joined: 21 Jun 2010
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| Posted: Mon Jun 28, 2010 8:39 pm Post subject: |
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I only want to really stay until November, so if I got my severance I could do this without working.
My contract is actually with the school, the programme isn't mentioned anywhere on it and it is the school who pays me, don't know if this makes a difference?
Last edited by baroness on Mon Jun 28, 2010 8:51 pm; edited 1 time in total |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Jun 29, 2010 6:17 am Post subject: |
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| wesharris wrote: |
| They still have to pay the guy his severance and airfare. At six weeks left, he still has another 2 weeks beyond that before the actual program is switched over. That leaves him with a two week buffer, which his contract ends upon. So he should be alright. |
You misread the facts of the case.
The OP was given two months' notice. After those 2 months are up, he will still have a month and a half (6 weeks) left to go on his contract. That means the OP was given notice while he still had 3 1/2 months to go.
There is nothing illegal about this firing and there is no requirement for the employer to pay airfare or severance. In fact, the law provides leeway for employers who are failing financially. If the entire program was cancelled, the OP's employer may indeed be failing. In any case, it is reaonable for the employer to terminate his teachers when all the students have been taken away.
OP. You need to make the best of this situation. There is no benefit to you to fight about this. You cannot win anything. The requirment for 60 days written notice would have to be in your contract to be enforceable, and even if the notice is verbal, if you admit that you were given notice then you have no damages from the fact that the notice was not written, so this won't really help you.
Get busy and get a new job. Get ready to move on. |
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VFRinterceptor
Joined: 22 Jun 2009
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| Posted: Tue Jun 29, 2010 9:52 am Post subject: |
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| You need to publish the name of this school to get the word out. I'd recommend starting a blog page exclusively about this page. |
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Countrygirl
Joined: 19 Nov 2007
Location: in the classroom
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| Posted: Tue Jun 29, 2010 4:35 pm Post subject: |
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| ontheway wrote: |
| wesharris wrote: |
| They still have to pay the guy his severance and airfare. At six weeks left, he still has another 2 weeks beyond that before the actual program is switched over. That leaves him with a two week buffer, which his contract ends upon. So he should be alright. |
You misread the facts of the case.
The OP was given two months' notice. After those 2 months are up, he will still have a month and a half (6 weeks) left to go on his contract. That means the OP was given notice while he still had 3 1/2 months to go.
There is nothing illegal about this firing and there is no requirement for the employer to pay airfare or severance. In fact, the law provides leeway for employers who are failing financially. If the entire program was cancelled, the OP's employer may indeed be failing. In any case, it is reaonable for the employer to terminate his teachers when all the students have been taken away.
OP. You need to make the best of this situation. There is no benefit to you to fight about this. You cannot win anything. The requirment for 60 days written notice would have to be in your contract to be enforceable, and even if the notice is verbal, if you admit that you were given notice then you have no damages from the fact that the notice was not written, so this won't really help you.
Get busy and get a new job. Get ready to move on. |
I disagree. The contract is with the public school so unless the OP has done something wrong, and this is communicated in writing, the school isn't allowed to fire him. And I might be mistaken but the school has to give 2 or 3 warning letters before firing someone.
I don't know much about after school programs but "illegal" is a term thrown around alot. I also know from my own personal experiance that when you tell a public school that you are going to the labor board, even if you have a slim to nothing chance of winning, the school still panics and is more willing to compromise.
I say don't give up. Reread your contract, call the labor board to see if the school is actually able to do this, and tell the school that you are bringing this to the labor board today. Do this quickly because you don't have much time. Even if you bring it to the labor board, the labor board will encourage you and the school to comprise before bringing it before a judge. The principal will probably be willing to give the money just to make the whole issue go away to keep his 'good' reputation.
If you don't fight for this, you are the only one who will lose out. |
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Arthur Dent
Joined: 28 Mar 2007
Location: Kochu whirld
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| Posted: Tue Jun 29, 2010 8:27 pm Post subject: |
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| VFRinterceptor wrote: |
| You need to publish the name of this school to get the word out. I'd recommend starting a blog page exclusively about this page. |
Don't do this. You can be sued for libel. |
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