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getting severance that was STOLEN from me...
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Sympathy for Mr Vengeance



Joined: 17 Mar 2009

PostPosted: Thu Jul 15, 2010 3:08 am    Post subject: getting severance that was STOLEN from me... Reply with quote

Well, the disaster has happened. I have been making some posts on here lately and just finished a contract. The hagwon I was working for flat out invented a lie that they fired me and that I "didn't complete [my] year," even though I was at work every day on time, and not only that but they paid for my eticket and after talking to them and the agency that recruited me, paid 1 million of the 2.3 million they owe me. So obviously I "complete[d] [my] year." They know it's a lie. They are REALLY delusional. You don't even have to say that that's a lie. A 5 year old child would realize that. When I explained all that they said that that's "my opinion." These people are just profoundly full of shit.

So now I fully intend to get my 1.3 million back. I can't believe they would a) lie b) steal and c) break the law. I am not racist by any means whatsoever but SOME Koreans live up to the stereotype that Korean people are snakes, 2 faced, backstabbers, etc. They REALLY need to get that under control or they're going to give a bad image to Korea when all these foreigners go back to their countries and spread these stories around about the awful conditions that some of us face.

Anyway I am back in America now and just emailed the recruiter that recruited me again. They have been helpful. I know I can go to the labor board and can take action through the embassy also.

Anyone have any similar stories? The last few days have been some of the worst of my life, particularly Monday and Tuesday. I've never been robbed like that, much less from a place I worked at all year.

This is wasting my time and energy but I'm going to do EVERYTHING I possibly can to get my money and will blacklist them, do what I mentioned above, etc etc.

The profound stupidity and disgusting theft at that place leaves me w/ a bad taste in my mouth. I had a great year outside of work but that was a pretty shitty place...

I would say that their childish delusions as well as the fact that this is by no means rare in Korea are the 2 worst parts... Needless to say no recommendation will come either after working hard all year.

Terrible nightmare of an experience...
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World Traveler



Joined: 29 May 2009

PostPosted: Thu Jul 15, 2010 3:15 am    Post subject: Re: getting severance that was STOLEN from me... Reply with quote

Sympathy for Mr Vengeance wrote:
I know I can go to the labor board and can take action through the embassy also.


True? The embassy will help? And the labor board will assist someone now living in the United States?
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Thu Jul 15, 2010 3:36 am    Post subject: Reply with quote

No the US Embassy will not help. There is no agency outside the Korean Labor Board that can help him. The big problem is that he left Korea and it is unlikely he'll get the money he deserves.
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Jul 15, 2010 3:39 am    Post subject: Reply with quote

The embassy will not and cannot get involved in your legal problems. The Labor Board, though, can still hear your case provided you appoint someone still in Korea to appear on your behalf for all hearings. You can execute that form at the closest Korean consulate.

Could you provide a bit more detail? "At work every day" doesn't really help all that much. For example, if your last working day was a Friday and you flew out a Saturday, it might look like you're clear. But if the end of your year-long stay had been that Sunday, you're not as you left one day early.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Thu Jul 15, 2010 4:27 am    Post subject: Reply with quote

OP,

Forget the Embassy, they will not and more the point cannot get involved in this.

Focus on the labor board.
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Sympathy for Mr Vengeance



Joined: 17 Mar 2009

PostPosted: Thu Jul 15, 2010 4:55 am    Post subject: Reply with quote

Hmm. The recruiting agency mentioned the embassy, that's why I said that. The lady was otherwise helpful and helped push the hagwon into giving me at least the 1.0 million out of the 2.3 they owe me so far.

There's really no detail to add. I was on time and worked hard every day the whole year. My last day was Friday, July 9. I was told Monday, July 12 was a vacation day. They were holding at least 1 and possibly 2 of my vacation days hostage and wouldn't let me use them but she said she would just subtract it at the end. Then Tuesday I flew out.

I'm going to continue to talk to the agency who recruited me and has been helping me w/ this disaster, and also the labor board, etc...any other comments would be welcome. Thanks...
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jul 15, 2010 6:06 am    Post subject: Reply with quote

Are you taking another job in Korea? I wasn't sure about that from what you wrote in your first post. If you're going back, then take it up with the labour board when you get back to Korea.
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iwillteachyouenglish



Joined: 07 Jul 2010

PostPosted: Thu Jul 15, 2010 7:31 am    Post subject: Reply with quote

Going to give Korea a bad name? I think it's too late for that Laughing

I'm going back and forth whether to even go to Korea or not under a private contract because of all the horror stories. I may hold out for a public school simply because of this. Although, it seems like even people at PS's sometimes have issues.
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Junior



Joined: 18 Nov 2005
Location: the eye

PostPosted: Thu Jul 15, 2010 7:53 am    Post subject: Reply with quote

Milwaukiedave wrote:
No the US Embassy will not help.


Especially considering they put out an advisory warning against working for hogwons in Korea.
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Jul 15, 2010 8:15 am    Post subject: Reply with quote

Sympathy for Mr Vengeance wrote:
There's really no detail to add. I was on time and worked hard every day the whole year. My last day was Friday, July 9. I was told Monday, July 12 was a vacation day. They were holding at least 1 and possibly 2 of my vacation days hostage and wouldn't let me use them but she said she would just subtract it at the end. Then Tuesday I flew out.

I'm going to continue to talk to the agency who recruited me and has been helping me w/ this disaster, and also the labor board, etc...any other comments would be welcome. Thanks...


Let's do this in reverse order. Your recruiter can't really do anything for you. Their actual obligation ended after they got you employed. Furthermore, they're certainly not lawyers so they can't represent you in court. Anyway, lawyers in Korea are expensive. Their obligation is to the people that hired them. Care to guess who that is?

From what you just posted, it seems as though you actually did leave the country prior to the 365th day of the contract. "Holding vacation day hostage" also doesn't mean that much when all your employer has to do is pay you the contracted/legally-mandated overtime/holiday pay for working the excess hours.

You should have these details handy: Date entered the country, date left the country. To be blunt, if you left prior to the 365th day of the contract without a written agreement in which your employer agreed to pay you the severance, you're SOL.
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Sympathy for Mr Vengeance



Joined: 17 Mar 2009

PostPosted: Thu Jul 15, 2010 8:23 am    Post subject: Reply with quote

I just want this nightmare to end. Obviously I completed my year or the crazy [Mod Edit] wouldn't have bought me my plane ticket, and paid 1.0 of the 2.3 million won. She told me that she bought the ticket for Tuesday the 13th instead of the 17th which would have been the whole year because she couldn't find airline availability. I was never fired. That is a total fabrication.

I'm not too worried about the vacation days but I don't believe I ever had time off nor was paid for 1-2 vacation days (she was a little ambiguous about what constituted a vacation day exactly...I should have had at least 1 more than I ever got).

As for the recruiter, well they've been helping me. I have been calling them and they prodded them into giving the 1.0 million so far which I mentioned.

No offense but does anyone really have anything to add on here beyond being nitpicky w/ details? I've been told THEY are the ones breaking the law and that ALL of that money was due to me before I left the country.
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Jul 15, 2010 8:49 am    Post subject: Reply with quote

No, it's not obvious. And the law is about details. One of those details is: "Did you actually complete a full 365 days?"

Can you answer these two simple questions?

  1. What date did you enter Korea?
  2. What date did you depart Korea?


Oh, another nifty thing is that she's well within her rights to can you if you left the country early. You'll need written proof that she gave you permission to leave early. The plane ticket won't cut it. All she has to do is say she felt sorry for you and thus she paid that out of the goodness of her heart to lessen the sting of firing you. The law also provides for the severance pay only when you complete the full year. Lovely system, huh?

It's great the recruiter's talked to her on your behalf, especially since they have no obligation to do so. But it's not going to help you a whit if the employer doesn't want to pay you.

Just curious, what school did this?


Last edited by CentralCali on Thu Jul 15, 2010 11:34 am; edited 3 times in total
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jul 15, 2010 8:52 am    Post subject: Reply with quote

Like I asked already, are you going back to Korea? If so, you can fight it yourself. If not, then you're out of luck. But like someone else said, if you didn't do a whole 365 days, then you're going to have an uphill battle. If your boss didn't pay into your pension or health insurance or something else like that, then you might be able to negotiate something.

I don't mean to be insensitive, but I think that it's time for you to face the fact that you got shafted. Consider yourself luck that you even got the 1 million. If you want it to be over, then just let it go. Sorry that you got ripped off, but being in the right (legally or morally) often doesn't mean squat. Learn from it and move on.

You could try to get the recruiter to press for the rest of your severance, but it's unlikely that you'll get anymore. If you ARE going back to Korea, and you're using the same recruiter, then she might negotiate a bit more for you, but (again) don't count on it. She works for the school, not you.


But maybe that's not the answer that you're looking for. If you are looking for someone to give you a comforting pat on the back and say "There there. It will be alright. There's a solution. You just need to _______." then just keep waiting and eventually someone will reply to the thread and tell you exactly what you want to hear. Don't expect it though to be reliable, practical or even sane advice. Hell, if you really want your extra 1.3 million, PM me and I'll give you the secret phone number of the Pension Fairy. She'll fly to the house of your ex-boss while she's sleeping and tap her with her honesty wand and the next day your boss will email you with an apology and wire you the rest of your money right away. Alternatively I can give you the number of Big Tony. For a moderate fee, he'll pay a visit to your boss (perhaps with a few of his muscular business associates) and politely explain your situation. Tony has a real way with words. He's very charismatic and never fails to convince people to see things from his point of view.
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Monopoly



Joined: 06 Jul 2010

PostPosted: Thu Jul 15, 2010 9:43 am    Post subject: Reply with quote

You can hire a lawyer to take care of your case while you are away. Kangnam labor law does it.
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Sympathy for Mr Vengeance



Joined: 17 Mar 2009

PostPosted: Thu Jul 15, 2010 10:26 am    Post subject: Reply with quote

Well that's funny as the recruiter seems to be 1000% on my side. And actually my boss suggested I call the recruiter, that's how stupid she is, which I immediately did and lo and behold they were ready and willing to help me.

Yeah I have heard about that law firm. Thanks for saying something normal.

Going back to Korea? Seems like kind of a shithole. Don't get me wrong I had a lot of great times outside of work but I've never seen something like that in my entire life. Outright theft of what would be $1,079.38 US today. And of course a bunch of my friends and people I talked to in Hongdae on the weekend etc have similar stories.

That country seems like kind of a joke in terms of the business climate and the conditions and environment.

From what I've heard they have 14 days to get me all the money, though technically it was supposed to be w/ me the day I left. Possible lawyers, labor board, yes. Dumbass remarks so you can feel that much better about your own shitty hagwons = no.
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