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Former employer threatening legal action
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Juregen



Joined: 30 May 2006

PostPosted: Wed Mar 23, 2011 12:24 am    Post subject: Re: Former employer threatening legal action Reply with quote

BackRow wrote:
Due to poor conditions, I pulled a midnight runner. I feel bad about it, but what is done is done. It's been a week and I was just sent an e-mail, a portion of which is copy/pasted below:

Disappearing all of a sudden after leaving a note cannot be accepted.
As a result, you have caused a lot of trouble in our class schedules.
Some students had to leave without taking lessons.
We also had to close down other classes. You made us lose our face.

You should be responsible for your action.
We request you pay the airfare to us in a month(30 days),
or our lawyers will take legal actions for breaking good faith.
We will close the matter if you send 1,500 US dollars to our bank account,
which is


As a Canadian resident, how worried should I be?


Nothing at all, but stay out of Korea for a year.

He could start a Civil case, but that costs money and time, plus a few visits to the police station and is not a sinecure to get started.

He is blowing hot air.
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BackRow



Joined: 28 Jul 2010

PostPosted: Wed Mar 23, 2011 3:09 am    Post subject: Reply with quote

shifty wrote:
davemon wrote:
Respond that the boss owes you money for breaching contact. Damages in the amount of airfare to return to Canada, lost wages, and a small something as restitution for losing face. Additionally, as a sign of good faith, you are willing to forfeit the restitution claim for a signed letter of release stating that you had performed all contractual obligations.

GL.[/b]


Hahaha! Yes, something like that, spin it out.

Say, OP, what were the specific working conditions like?


The worst one was that I was told I'd be a 5 minute walk from my school, but in reality the school 5min away was just for training (and only for one day at that) and the branch I was actually teaching at was a ~40min bus ride away, with transportation costs not being covered.

Materials provided for teaching were extremely poor, and despite being told I would be teaching young children I was actually spending half my time wih high schoolers preparing for TOEFL and was grossly unqualified to do so. Expectations and demands in reality seemed to be that of someone with extensive teaching experience and credentials, of which they hired me knowing I didn't have.

A complete lack of support kept my questions and concerns unaddressed and things just continued building up to the point where the stress and anxiety wasn't worth earning the minimum salary (2.1, and around 1.6 after transportation and deductions, many of which did not look right to me).
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Mar 23, 2011 4:55 am    Post subject: Reply with quote

In that case, if you do decide to send my draft e-mail which can be found upthread, be sure to add the fact that your employer violated Korean labor law by having you working at a place not approved for you by Immigration. Immigration does have the authority and has been known to use such authority to fine employers who violate Immigration law in that manner. Since you are no longer in Korea, you have no fear of being detained. Anyway, there's no way your former employer is going to speak to a soul. He's just harassing you because he can't understand that his lies and blas� attitude towards his own promises (contract) and obligations (labor law and immigration law) created the situation.

Want more fun? Send a similar e-mail to the owner of the franchise name (YBM, EBY, whatever) including a blurb about you holding them responsible for failing to ensure the local franchisee is abiding by contract and law. It won't have any monetary effect for you; however, if you rattle the main franchise office enough times, they'll finally get fed up dealing with your former employer and not renew their contract with him allowing them to use their name.

Even more fun is the simple fact that if the boss has withheld even one won from your pay improperly, you or your agent can compel him to appear at the Labor Board for unlawful withholding of pay (or whatever the current legal term is for that stunt).

Friend, you're in the catbird seat at the moment. Might as well enjoy yourself. And sometime in the future be sure to inform the former employer, his franchise headquarters, and anyone else you can think of how this experience turned you off of working in Korea ever again and that you'll be more than proud to shout that from the hilltops.

Then work in another country, preferably one where the authorities actually do give a hoot about the treatment of employees, even foreign employees.
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ZIFA



Joined: 23 Feb 2011
Location: Dici che il fiume..Trova la via al mare

PostPosted: Wed Mar 23, 2011 5:37 am    Post subject: Re: Former employer threatening legal action Reply with quote

CentralCali wrote:
Want more fun? Send a similar e-mail to the owner of the franchise name (YBM, EBY, whatever) including a blurb about you holding them responsible for failing to ensure the local franchisee is abiding by contract and law. It won't have any monetary effect for you; however, if you rattle the main franchise office enough times, they'll finally get fed up dealing with your former employer and not renew their contract with him allowing them to use their name...


Why so malicious?
We don't even know the full circumstances. Maybe the employer was decent. Maybe the teacher was at fault. The bosses letter was reasonable. The guy could have given notice before leaving. Given an ultimatum.Tried to make a deal. Communicated his grievances and negociated.

Juregen wrote:
He is blowing hot air.


They could probably blacklist him on various korean employer websites?.
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silkhighway



Joined: 24 Oct 2010
Location: Canada

PostPosted: Wed Mar 23, 2011 7:27 am    Post subject: Reply with quote

Don't reply to the email and everyone will forget about it. Don't add fuel to the fire by fighting out someone else's agenda. It doesn't matter who's at fault, who said what, who did what. It's just business that didn't work out, so you left. And everyone lived happily ever after. The end.

And a little life lesson. Don't ever apologize in business without first taking advisement from an attorney. Don't leave "I'm sorry" notes, don't ever admit fault. Just do what you have to do and be done with it. I think the reason they may feel they have a chance of intimidating you into giving the airfare money back is because you left them a note before you left, presumably being apologetic. They're taking advantage of your naivety.
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Wed Mar 23, 2011 8:55 am    Post subject: Reply with quote

Just hope that he doesn't tell your mommy.
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