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shong109
Joined: 13 Jan 2010
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 Posted: Mon Mar 28, 2011 5:39 am Post subject: So I just got fired |
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| as the title states, I just got fired. The director states that I yelled at a student too much and that his mom called other moms and complained to the director. Most of my students talk in korean in class and I tell them to only speak in English. The director stated that was the main reason I am being canned. However, my contract ends in early June and I think because she doesnt want to give me my severance and money for airfare is the real reason she fired me. Would I have a case if I brought this to the labor board, and how long would it take to be resolved? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Mar 28, 2011 6:13 am Post subject: Re: So I just got fired |
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| shong109 wrote: |
| as the title states, I just got fired. The director states that I yelled at a student too much and that his mom called other moms and complained to the director. Most of my students talk in korean in class and I tell them to only speak in English. The director stated that was the main reason I am being canned. However, my contract ends in early June and I think because she doesnt want to give me my severance and money for airfare is the real reason she fired me. Would I have a case if I brought this to the labor board, and how long would it take to be resolved? |
You might be able to argue unfair/improper dismissal. After more than 6 months of employment she is required to give you 30 days notice or 30 days pay unless your reason for being fired is one of those listed in the labor act.
Might get 30 days pay out of it. You won't likely get reinstated or your airfare/severance (too far away).
I hope she will give you a LOR so you can at least transfer to a new job.
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 7:23 am Post subject: |
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Did she give you a written notice saying that you got fired?
Did she kick you out on the spot or is she giving you 30 days to leave?
Did you get warnings?
You might just need to go to work tomorrow. |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 7:27 am Post subject: |
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| yuyake79 wrote: |
Did she give you a written notice saying that you got fired?
Did she kick you out on the spot or is she giving you 30 days to leave?
Did you get warnings?
You might just need to go to work tomorrow. |
She didnt give me a written notice,
Shes giving me till end of Friday to pack up my things and leave.
I did get one warning but I fixed everything that was on the warning notice.
She never mentioned I could get fired if I didnt fix those things. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 7:45 am Post subject: |
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So, you've got less than 2 and a half months left till the end of your contract. Right?
I think you can get reinstated, if you got fired unfairly. You'd need to go to the Labor Relations Commision (not the Labor Board). At the Labor Relations Commission you can file a petition for "Unfair Dismissal". If they see that you got dismissed unfairly they will try to reinstate you with possible backpay. You need to do that 2 to 3 months before your contract expires, otherwise if it's too close to the end of your contract they might not let you file a petition for Unfair Dismissal.
Now, if you didn't get 30 days advanced notice you should be entitled to 30 days pay. You can file your claim for that at the Labor Board.
I think it would be better for you to go to the Labor Relations Commission first to file a claim for unfair dismissal. Then to the Labor Board.
Did you work the full day today? It might be better for you to show up for work tomorrow. |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 7:56 am Post subject: |
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| yuyake79 wrote: |
So, you've got less than 2 and a half months left till the end of your contract. Right?
I think you can get reinstated, if you got fired unfairly. You'd need to go to the Labor Relations Commision (not the Labor Board). At the Labor Relations Commission you can file a petition for "Unfair Dismissal". If they see that you got dismissed unfairly they will try to reinstate you with possible backpay. You need to do that 2 to 3 months before your contract expires, otherwise if it's too close to the end of your contract they might not let you file a petition for Unfair Dismissal.
Now, if you didn't get 30 days advanced notice you should be entitled to 30 days pay. You can file your claim for that at the Labor Board.
I think it would be better for you to go to the Labor Relations Commission first to file a claim for unfair dismissal. Then to the Labor Board.
Did you work the full day today? It might be better for you to show up for work tomorrow. |
I plan to work till the end of the week(and get paid the days i've worked so far), but I am going to call the Labor Board tomorrow and see if I viable complaint.
The director was 100% sure in firing me when she brought me in. I tried convincing her so i think shes 95% sure in firing me. She said shell tell me tomorrow(but im pretty sure she wont change her mind.) Im going to call the labor board tomorrow early in the morning and see if I have a case, if they say i do, im going to see if she takes me back. If she doesnt change her mind, im going to request this months pay(days ive already worked), airfare money, and severance. If she refuses to pay me the airfare and severance im obviously going to go to the Labor Board. However, if the LB says i dont have a case, am I SOL? |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 8:08 am Post subject: |
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Ok. So you have until Friday. You have some time to decided what you need to do.
She still should've given you 30 days notice. I think you would be entitled to receive pay for every day until April 28th, at least.
Was that warning a written one? What did the warning say?
Does your contract say anything about how many verbal/written warnings you need to receive before getting fired?
What are your working hours like? Would you have time to go to a Labor office before/after work? (Remember, you would need to have a Korean friend to go with you to the labor office. They don't speak English.)
The Labor Relations Commission don't only help you get reinstated. They also help with disputes between employer and employee. I think if you want her to take you back your should go to the Labor Relations Office. The Labor Board deals with stuff like getting your boss to pay you what you are entitled to. If you go to the Labor Board you would be entitled to the 30 days pay. But the Labor Board will NOT give you your severance pay and airline ticket. They will say that you are not entitled to get your severance pay. And they don't really deal with airline tickets.
If you want your severance pay and airline ticket, then you would need to get reinstated by filing an Unfair Dismissal claim at the Labor Relations Commission. |
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Radius
Joined: 20 Dec 2009
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| Posted: Mon Mar 28, 2011 8:16 am Post subject: |
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Wow OP, please keep up in the loop about this  |
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ajosshi
Joined: 17 Jan 2011
Location: ajosshi.com
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| Posted: Mon Mar 28, 2011 10:28 am Post subject: |
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| shong109 wrote: |
| yuyake79 wrote: |
Did she give you a written notice saying that you got fired?
Did she kick you out on the spot or is she giving you 30 days to leave?
Did you get warnings?
You might just need to go to work tomorrow. |
She didnt give me a written notice,
Shes giving me till end of Friday to pack up my things and leave.
I did get one warning but I fixed everything that was on the warning notice.She never mentioned I could get fired if I didnt fix those things. |
Bold parts a bit fuzzy. In detail, what did she complain about? |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 11:20 am Post subject: |
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She didnt give me a written notice about firing me, just verbally told me shes going to.
The warning was about being late(i come on time now) and not following the program guide, which i fixed too. |
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ajosshi
Joined: 17 Jan 2011
Location: ajosshi.com
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| Posted: Mon Mar 28, 2011 11:39 am Post subject: |
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| shong109 wrote: |
She didnt give me a written notice about firing me, just verbally told me shes going to.
The warning was about being late(i come on time now) and not following the program guide, which i fixed too. |
Did the late thing start recently?
-or-
Was it a longtime habbit?
How many times have you been late more than 2 or 3 minutes during this contract? |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 11:44 am Post subject: |
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| Well the late habit she mentioned that she started to notice that ive come in at the correct time. Its 1hr before class starts, but long time ago i used to come in 30min. But she said that wasnt the reason. |
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ajosshi
Joined: 17 Jan 2011
Location: ajosshi.com
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| Posted: Mon Mar 28, 2011 11:48 am Post subject: |
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| shong109 wrote: |
| Well the late habit she mentioned that she started to notice that ive come in at the correct time. Its 1hr before class starts, but long time ago i used to come in 30min. But she said that wasnt the reason. |
Well, if it's not this, then it sounds like there is more to this story.
Did any thing major happen/change at work? |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 11:56 am Post subject: |
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| Nothing major besides the original story |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 11:59 pm Post subject: |
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Does your contract say that you need written warnings to get fired? If so, how many?
So, far you should at least be entitled to 30 days pay. If you tell the Labor Board that you got fired on the 28th then they'll give you 30 days pay from the 28th. I would try to make it so that your boss "officially" fired you on your last day of work, April 1st. That way you get paid for working up until April 1st plus 30 days pay. On Friday morning I'd go to work and try to get that dismissal notification letter. That way you can tell the Labor Board that you got fired on April 1st. You can tell her on Friday that techinically you're not fired and that therefore you'd be required to turn up for work on Monday. And see if she gives you the letter then.
Then on Monday you can go to the Labor Relations Commission and file a claim for Unfair Dismissal. If you can prove to them that you were fired unfairly then the will reinstate you. |
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