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LABOR BOARD this WEDNESDAY!!! Help, please.

 
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yuyake79



Joined: 26 Jan 2011

PostPosted: Sun Mar 13, 2011 8:29 pm    Post subject: LABOR BOARD this WEDNESDAY!!! Help, please. Reply with quote

Hi..,
Without any written/verbal warnings, my boss fired me for using Korean during class on March 3, just 28 days before my the end of my contract. And he didn't give me the 30 days notice. I went to the labor board the day I got fired and they asked me to go back this Wednesday with proof of what happened.

I don't know what I need to say to the labor board.

I have the feeling that if I just say that I got fired 28 days before the end of my contract they'll ask me if he had given me 30 days prior notice. I recorded him firing me and I can prove that he didn't give me the required 30 days notice and that he just kicked me out the day he fired me.

But that alone would just get me the 1 month's salary from him. I want the 1 month's salary plus the severance pay, even if it means that I have to get reinstated to get it. (I doubt I can get the plane ticket as it's not in my contract).

I heard that to get, not just the 1 month's salary, but also the severance pay and (if it's in your contract) your airline ticket, you would have to go about it a certain way to get it.

What do I need to say to the labor board on Wednesday to get the 1 month salary and severance pay, instead of just the 1 month salary?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Mar 13, 2011 8:47 pm    Post subject: Re: LABOR BOARD this WEDNESDAY!!! Help, please. Reply with quote

yuyake79 wrote:
Hi..,
Without any written/verbal warnings, my boss fired me for using Korean during class on March 3, just 28 days before my the end of my contract. And he didn't give me the 30 days notice. I went to the labor board the day I got fired and they asked me to go back this Wednesday with proof of what happened.

I don't know what I need to say to the labor board.

I have the feeling that if I just say that I got fired 28 days before the end of my contract they'll ask me if he had given me 30 days prior notice. I recorded him firing me and I can prove that he didn't give me the required 30 days notice and that he just kicked me out the day he fired me.

But that alone would just get me the 1 month's salary from him. I want the 1 month's salary plus the severance pay, even if it means that I have to get reinstated to get it. (I doubt I can get the plane ticket as it's not in my contract).

I heard that to get, not just the 1 month's salary, but also the severance pay and (if it's in your contract) your airline ticket, you would have to go about it a certain way to get it.

What do I need to say to the labor board on Wednesday to get the 1 month salary and severance pay, instead of just the 1 month salary?


Get up to speed on the labor standards act and other related acts.

http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards

http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=260&tab=Standards

.
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thegadfly



Joined: 01 Feb 2003

PostPosted: Sun Mar 13, 2011 8:47 pm    Post subject: Reply with quote

I am sorry for your firing, but you were given verbal notice -- you have been posting about your refusal to leave since February:

http://forums.eslcafe.com/korea/viewtopic.php?p=2582552&highlight=#2582552

It sucks, and you should fight an 11th month firing, but you had at least ten days notice, not zero notice, and you were not fired on March 3 -- you were fired on Feb. 19th or before, because you POSTED about being fired on Feb. 19th...and you were told THEN it was for using Korean in class, so were you still using Korean in class?

If the firing is valid, you should get 20 days salary (because you must be given 30 days notice, and you seem to only have had 10, though if you didn't POST on the day you were fired, you may have had more notice, which means your boss owes less money...and since you were asking about airfare on 2/18, my money is on that day or the next).

If the firing is not valid (i.e. a real 11th month firing) -- and this DOES seem like it is on of those -- then you should be entitled to your severance, and possibly a bit more salary.

You are going through a bad situation, and I am sorry for that. However, coming here and misrepresenting the facts in order to garner more sympathy has the opposite effect with me, at least. You are proving you are not honest with us, so I wonder how much more you have been misrepresenting....
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yuyake79



Joined: 26 Jan 2011

PostPosted: Sun Mar 13, 2011 9:34 pm    Post subject: Reply with quote

I was being honest.
He didn't fire me on Feb 19. Even before Feb 19 he had been telling me and other coworkers that I was finishing on Feb 28. I think I had the right back then to say, "no, i don't finish on Feb 28. My contract says I finish on March 31, therefore I'm finishing on March 31." If he fired me back then he would have needed at least a reason to fire me. Back then he just said that I finish on Feb 28.
On March 3, he said "You're fired" and his reason for firing me on that day was becuase I used Korean in class. And he never told me before March 3 anything about using Korean in class.
Ttompatz, can you please find and quote the part where you think I was being dishonest?
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thegadfly



Joined: 01 Feb 2003

PostPosted: Sun Mar 13, 2011 9:49 pm    Post subject: Reply with quote

yuyake79 wrote:
I was being honest.
He didn't fire me on Feb 19. Even before Feb 19 he had been telling me and other coworkers that I was finishing on Feb 28. I think I had the right back then to say, "no, i don't finish on Feb 28. My contract says I finish on March 31, therefore I'm finishing on March 31." If he fired me back then he would have needed at least a reason to fire me. Back then he just said that I finish on Feb 28.
On March 3, he said "You're fired" and his reason for firing me on that day was becuase I used Korean in class. And he never told me before March 3 anything about using Korean in class.
Ttompatz, can you please find and quote the part where you think I was being dishonest?


Ttom did not say you were being dishonest -- *I* said it. You seem to place great stock in the phrase "you're fired." Your boss told you your contract ended Feb. 28th, that your replacement was hired and would be moving into your apartment, etc etc et al, and yet you claim you had no notice of this until March 3rd? I think that is either dishonest or delusional.

As for the "Korean in class" thing -- you are right and I was mistaken. Your first mention of it WAS on March 3rd...it is just that was almost two weeks ago, and your newest post about the firing was today...guess I thought you were writing this as if it were a new development, instead of simply going back to your other three threads about this and posting an update -- my mistake, and I apologize.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Mar 13, 2011 10:22 pm    Post subject: Reply with quote

yuyake79 wrote:
Ttompatz, can you please find and quote the part where you think I was being dishonest?


I didn't say anything about your honesty.

I simply said you should get up to speed on the relevant labor laws before your hearing and provided links.

ttompatz wrote:
Get up to speed on the labor standards act and other related acts.

http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards

http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=260&tab=Standards

.


When you go into your hearing you better make sure you have your story straight and your chronology consistent. If you screw up you will lose and there is no appeal.

.
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yuyake79



Joined: 26 Jan 2011

PostPosted: Sun Mar 13, 2011 10:34 pm    Post subject: Reply with quote

thegadfly wrote:

Ttom did not say you were being dishonest -- *I* said it. You seem to place great stock in the phrase "you're fired." Your boss told you your contract ended Feb. 28th, that your replacement was hired and would be moving into your apartment, etc etc et al, and yet you claim you had no notice of this until March 3rd? I think that is either dishonest or delusional.

As for the "Korean in class" thing -- you are right and I was mistaken. Your first mention of it WAS on March 3rd...it is just that was almost two weeks ago, and your newest post about the firing was today...guess I thought you were writing this as if it were a new development, instead of simply going back to your other three threads about this and posting an update -- my mistake, and I apologize.


Perhaps delusional, although in February I spoke with a labor consultant and I told him that my boss was telling me and my coworkers that I would be finishing in Feb 28, even though my contract says March 31. Since my boss didn't at least say that I was fired, the consultant said that I should just keep going to work even in March and wait to see if anything happens. He said that I should go to the labor board and say that I was fired unfairly only if "something actually happens". According to the consultant, nothing had actually happened. So, I just waited until March and that's when something actually did happen.
Also, close to the end of Feb my boss gave me an offer to pay me 1.8mil if I agreed to leave on Feb 28. My boss wouldn't have done that if even he himself believed that he had already fired me.[/i]
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yuyake79



Joined: 26 Jan 2011

PostPosted: Sun Mar 13, 2011 10:37 pm    Post subject: Reply with quote

Apology accepted, thegadfly.

And Ttompatz, I am sorry. I accidently put down your name instead.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Tue Mar 15, 2011 5:57 pm    Post subject: Reply with quote

Keep us posted!! What was the outcome?
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