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help... boss refusing to pay severance

 
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mountainman9



Joined: 30 Jan 2011

PostPosted: Tue Feb 01, 2011 3:40 am    Post subject: help... boss refusing to pay severance Reply with quote

hi...
so my boss is refusing to pay my severance due to the fact that i fractured my femur in a bike accident and had to miss 3 weeks of work in december (month 11 of my contract). i agreed to stay on 1 additional month thinking that this would make up for any time lost (in her eyes) but she claims the law states that to be eligible for severance one must work for 12 months without any gaps. since i am not sure of the law i am wondering what you all think? i did work 1 week in december (before getting hurt) so technically i have been employed for 12 straight months. also, my absence was not willful as i was hit by a car and in the hospital. my contract simply states that severance will be paid upon completion of the contract. and oddly enough while denying me severance she is also trying to get me to renew for another year. crazy, eh? so what do you all think i can/should do?
thanks...
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jrwhite82



Joined: 22 May 2010

PostPosted: Tue Feb 01, 2011 3:47 am    Post subject: Reply with quote

Hmm, I haven't heard that one before.

Let this stand as a reminder to all those who are willing to leave their schools a day or two early. Even if the school likes you and has paid you in the past. There is no guarantee. Play it safe.

Sorry I can't give you more info OP.
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Tue Feb 01, 2011 3:55 am    Post subject: Reply with quote

I wish I could be more helpful, but I can't.

Call the labour board. If you are eligible for the severance, they'll help you get it.

Your boss is a dick. Make sure to slash his tires on the way out.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Tue Feb 01, 2011 4:02 am    Post subject: Reply with quote

sorry, you lose on a technicality.

Consider the owner a (insert bad word) and get what you can out of them. Embarrass them, play a practical joke, (fart in their face), something.

Or, if you want to get a letter of release, be nice and just move on.
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jrwhite82



Joined: 22 May 2010

PostPosted: Tue Feb 01, 2011 4:09 am    Post subject: Reply with quote

You might be able to work 3 more weeks past your contract end date. Then quit and collect the money through fighting at the labor board. That is a lot of work though and no guarantee. We need the power of ttompatz for this one.
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Tue Feb 01, 2011 6:30 am    Post subject: Reply with quote

Oh, boy. Here we go again.

Just another example of creative accounting. Tell her she better pay and screw working for her after your contract end date.

Surprise! Your boss is a cheat. I guess the insanity never ends.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Feb 01, 2011 3:59 pm    Post subject: Reply with quote

Unless you quit and were re-hired you have been employed continuously.

Contact the labor office. She is wrong and you will win.

Do be aware however that your severance (by law) is the average of your last 3 months wages so if you missed your 3 weeks during your last 3 months your severance will be severely reduced.

.
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mountainman9



Joined: 30 Jan 2011

PostPosted: Tue Feb 01, 2011 4:36 pm    Post subject: Reply with quote

thanks to all for the ideas and answers...

i was hoping that i was eligible for it due to the fact that i was never fired and had actually worked that one week of the december pay period. i will contact the labor board and go from there. and she has yet to pay me for the one week of december that i did work (although she has paid me for jan) so there is that to deal with as well...

again, thanks for the answers...
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TheresaTheresa



Joined: 24 Feb 2010

PostPosted: Mon Feb 07, 2011 4:53 am    Post subject: Reply with quote

BoholDiver wrote:
I wish I could be more helpful, but I can't.

Call the labour board. If you are eligible for the severance, they'll help you get it.

Your boss is a dick. Make sure to slash his tires on the way out.


Laughing Laughing Laughing Laughing Laughing Laughing Laughing Laughing
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Mon Feb 07, 2011 7:28 am    Post subject: Reply with quote

The Korean government has got to stop thinking of new ways to crack down on foreign teachers and start in on hagwons and their practices. Once and for all.
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rowdie3



Joined: 22 Sep 2003
Location: Itaewon, Seoul

PostPosted: Mon Feb 07, 2011 8:01 am    Post subject: Reply with quote

Sucks about your broken leg. Did you manage to get any money out of the driver that hit you?

Did you go back to work on crutches? I broke my leg on Christmas. Still on crutches. Props to you if you made it back to work in only three weeks.

Your boss is a B word. Labor board her ass and don't look back.
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PatrickGHBusan



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

PostPosted: Mon Feb 07, 2011 8:35 am    Post subject: Reply with quote

ttompatz wrote:
Unless you quit and were re-hired you have been employed continuously.

Contact the labor office. She is wrong and you will win.

Do be aware however that your severance (by law) is the average of your last 3 months wages so if you missed your 3 weeks during your last 3 months your severance will be severely reduced.

.


On target.

The Labour Board is where you should be sending your questions now.

The severance, if you obtain it (and you should legally obtain it) will be reduced as Tom said due to missed work.
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