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yuyake79
Joined: 26 Jan 2011
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 Posted: Sun Mar 13, 2011 8:29 pm Post subject: LABOR BOARD this WEDNESDAY!!! Help, please. |
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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
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| Posted: Sun Mar 13, 2011 8:47 pm Post subject: Re: LABOR BOARD this WEDNESDAY!!! Help, please. |
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| 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
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| Posted: Sun Mar 13, 2011 8:47 pm Post subject: |
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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
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| Posted: Sun Mar 13, 2011 9:34 pm Post subject: |
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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
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| Posted: Sun Mar 13, 2011 9:49 pm Post subject: |
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| 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
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| Posted: Sun Mar 13, 2011 10:22 pm Post subject: |
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| 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.
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
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| Posted: Sun Mar 13, 2011 10:34 pm Post subject: |
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| 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
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| Posted: Sun Mar 13, 2011 10:37 pm Post subject: |
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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
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| Posted: Tue Mar 15, 2011 5:57 pm Post subject: |
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| Keep us posted!! What was the outcome? |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Wed Mar 16, 2011 7:37 am Post subject: |
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Ok. I went to the local labor board today!
It was just me with my Korean friend. Next week I have to go again and my boss is expected to be there too. I'm not looking forward to that but it's got to be done.
Today I had to explain in detail what had happened. Even with an English speaking Korean friend at my side I still had to deal with the language barrier. And so it took a lot of effort to get the guy at the labor board to accurately understand what I wanted him to understand.
Also, the transcipts of the recorded conversations I had with my boss wasn't as effective as I had hoped because it was in English and the guy couldn't read it. We didn't have all day at the labor office so my Korean friend translated only some of the important parts for him. I think I should get it all translated into Korean by next week.
I need to try the national labor board, as advised previously, if I want to get my severance pay. If everything goes smoothly next week I can get my unpaid salary plus the 30 days pay for not receiving advance notice, but not the severance pay. I pushed for it and I even pulled out the Labor Standards Act and tried showing all the laws my boss broke but before he looked at them he said that none of the Articles I had in front of me could be inforced by them. He said according to their books they can only make the employer pay severance pay if the employee worked the full 12 months, which I didn't.
I'll try the national labor board, or somewhere else. I need to find somewhere where it's within their jurisdiction to help me get my severance pay.
I hear people saying employers have to pay everthing including severance pay and return airfare if it's an 11th month firing.
But does anyone actually know anybody who has succeeded in getting severance pay and return airfare after an 11th month firing? |
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