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Tricky Situation: Is my school justified in firing me early?
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gypsymaria



Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do

PostPosted: Sun Jul 24, 2011 8:04 pm    Post subject: Tricky Situation: Is my school justified in firing me early? Reply with quote

For the record, I'm not fired yet. Not officially. No written notice or anything.

However, I've had some fainting spells, missed a few classes because of it and scared the hell out of some students, who told their parents, who complained to the government board. I work at the Uiwang EPC English Village, which is in a government-funded facility.

Not once has the school sent me to the hospital. The one time I did go to the ER, it was only after I BEGGED someone from the office to call me a cab and let me leave early (after classes) so I could get checked for concussion, since I'd hit my head very hard when I fell.

I have not, to my knowledge, used more than one sick day.

The fainting spells have been happening since at least December/January. The school did not declare me unfit to work or threaten to fire me then.

They've happened a total of 5 or 6 times, 3 times during a class, and the most recent happened when I wasn't even in the school at all (I collapsed in the road walking TO work and would have been run over if a kindly old grandma hadn't waved down traffic).

Now, however, I only have two months left on my contract, and they're telling me they're going to give me my 1 month notice as soon as they find a replacement. Which means I'd only be going home 2-4 weeks early. They said already they'd pay for my flight home, but have been dodging the question when I ask if I'd still get severence.

I don't WANT to break contract, and would gladly tough it out until the end, but they don't seem to be giving me a choice. They claim they are "concerned about my health" and say things like "this is a workplace and we have to do what's best for our students". Yet they won't give me time off to see a doctor, and when I have gone to the hospital the doctors have turned up nothing but "It might be stress." Neutral They also want me to do a 24-hour heart monitor test at the hospital, but that would be expensive and time consuming, and I highly doubt the school would give me a day off for this for all their claims of "concern about my health".

So, I'm on anti-anxiety medication now, which helps me sleep and seems to be keeping me in better shape regarding the fainting spells (haven't had one since I started), and I feel more confident I could finish my contract. Yet the school still wants to replace me and send me home early.

What can I do? Are they in the right? Should I just accept my losses and go home? Is there any recourse for someone in my situation that doesn't involve hiring a lawyer? Are they just pulling this on me so they don't have to pay severance? Help!
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Sun Jul 24, 2011 8:19 pm    Post subject: Re: Tricky Situation: Is my school justified in firing me ea Reply with quote

gypsymaria wrote:
For the record, I'm not fired yet. Not officially. No written notice or anything.

However, I've had some fainting spells, missed a few classes because of it and scared the hell out of some students, who told their parents, who complained to the government board. I work at the Uiwang EPC English Village, which is in a government-funded facility.

Not once has the school sent me to the hospital. The one time I did go to the ER, it was only after I BEGGED someone from the office to call me a cab and let me leave early (after classes) so I could get checked for concussion, since I'd hit my head very hard when I fell.

I have not, to my knowledge, used more than one sick day.

The fainting spells have been happening since at least December/January. The school did not declare me unfit to work or threaten to fire me then.

They've happened a total of 5 or 6 times, 3 times during a class, and the most recent happened when I wasn't even in the school at all (I collapsed in the road walking TO work and would have been run over if a kindly old grandma hadn't waved down traffic).

Now, however, I only have two months left on my contract, and they're telling me they're going to give me my 1 month notice as soon as they find a replacement. Which means I'd only be going home 2-4 weeks early. They said already they'd pay for my flight home, but have been dodging the question when I ask if I'd still get severence.

I don't WANT to break contract, and would gladly tough it out until the end, but they don't seem to be giving me a choice. They claim they are "concerned about my health" and say things like "this is a workplace and we have to do what's best for our students". Yet they won't give me time off to see a doctor, and when I have gone to the hospital the doctors have turned up nothing but "It might be stress." Neutral They also want me to do a 24-hour heart monitor test at the hospital, but that would be expensive and time consuming, and I highly doubt the school would give me a day off for this for all their claims of "concern about my health".

So, I'm on anti-anxiety medication now, which helps me sleep and seems to be keeping me in better shape regarding the fainting spells (haven't had one since I started), and I feel more confident I could finish my contract. Yet the school still wants to replace me and send me home early.

What can I do? Are they in the right? Should I just accept my losses and go home? Is there any recourse for someone in my situation that doesn't involve hiring a lawyer? Are they just pulling this on me so they don't have to pay severance? Help!


read your contract. if it says you get 3 sick days (most do) and YOU HAVEN'T TAKEN MORE THAN 1 SICK DAY, if these guys fire you take these chodes to the labor board.
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ajosshi



Joined: 17 Jan 2011
Location: ajosshi.com

PostPosted: Sun Jul 24, 2011 8:27 pm    Post subject: Reply with quote

go back home and take care of this medical problem. hope you can find a permanent solution.

the school is not obligated to give you either, even though you may think otherwise. sorry, that's just the hard truth.
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TeaTime



Joined: 12 Jan 2011

PostPosted: Sun Jul 24, 2011 8:39 pm    Post subject: Reply with quote

ajosshi wrote:
go back home and take care of this medical problem. hope you can find a permanent solution.


What's the point in having a job that includes health insurance if you're expected to fly home (where you're uninsured) in order to 'take care of it?'
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ajosshi



Joined: 17 Jan 2011
Location: ajosshi.com

PostPosted: Sun Jul 24, 2011 8:50 pm    Post subject: Reply with quote

TeaTime wrote:
ajosshi wrote:
go back home and take care of this medical problem. hope you can find a permanent solution.


What's the point in having a job that includes health insurance if you're expected to fly home (where you're uninsured) in order to 'take care of it?'


national insurance = no/limited coverage for any thing expensive
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DaHu



Joined: 09 Feb 2011

PostPosted: Sun Jul 24, 2011 9:08 pm    Post subject: Reply with quote

You can be fired at any time. No reason need be given. If it's late in the contract, you might have an issue if they're trying to avoid severance and airfare, but other than that, you're SOL.

Although WHY you would want to stay at a place that refused to help you get medical attention is beyond me.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jul 24, 2011 9:45 pm    Post subject: Reply with quote

Under labor law, IF you get 30 days written notice (or 30 days pay in lieu of notice), they can let you go (and they do NOT need a reason (managerial discretion)).

If you have NOT worked a FULL calendar year you will NOT be entitled to severance. If they give you anything it is a bonus for you but don't expect it.

The return airfare is strictly a contractual matter.

You ARE entitled to your pension refund (NPS) if you are from Canada, USA or AUS.

.
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gypsymaria



Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do

PostPosted: Sun Jul 24, 2011 10:04 pm    Post subject: Reply with quote

I'm from the US so I have no health insurance back home until I find another job.

I only have 2 months left of my contract, as mentioned. If they give me my month's notice at this stage, like they're supposed to, that means I will be leaving a month or less before my contract is up. Since they could have fired me at any time before for this, it seems a bit shady that they're waiting until now to look for a replacement.

I have 3 sick days included in my contract, and unless they're fudging the numbers (such as if they're counting the day I left early after classes to go to the ER), I should only have used one.

I don't really WANT to stay here, though the rest of the job has been great, but I don't want to get screwed out of my severance this close to the end of my contract if there's anything I can do about it, either.
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gypsymaria



Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do

PostPosted: Sun Jul 24, 2011 10:07 pm    Post subject: Reply with quote

ttompatz wrote:
Under labor law, IF you get 30 days written notice (or 30 days pay in lieu of notice), they can let you go (and they do NOT need a reason (managerial discretion)).

If you have NOT worked a FULL calendar year you will NOT be entitled to severance. If they give you anything it is a bonus for you but don't expect it.

The return airfare is strictly a contractual matter.

You ARE entitled to your pension refund (NPS) if you are from Canada, USA or AUS.

.


Thanks, ttompatz. Looks like I'm boned, then. Sad

At least I can still get my pension.
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ippy



Joined: 25 Aug 2009

PostPosted: Sun Jul 24, 2011 10:18 pm    Post subject: Reply with quote

youre not really, it sounds very much like an 11th month firing. Sure they CAN do it, but as i understand it this practice is now one the labor board have been clamping down on. Youve had these spells since january you say, and the company are firing you 2 weeks before the end of your contract almost 8 months later? Sounds rather spurious grounds. Im curious why no ones mentioned this? Does this not sound like an 11 month firing, or hjave those become so difficult to challenge that no one bothers going to the labour board any more about it?
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PigeonFart



Joined: 27 Apr 2006

PostPosted: Sun Jul 24, 2011 11:35 pm    Post subject: Reply with quote

I'm sorry to hear about your bad health. That would be worrying, especially if this is a sudden onset that you haven't been living with before. The sudden change in health would be a clear sign that something is not right. Get this issue checked out immediately.

The job and contractual matters come second to your health.
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gypsymaria



Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do

PostPosted: Mon Jul 25, 2011 12:23 am    Post subject: Reply with quote

Thanks for the concern, PigeonFart.

I did faint before this. It used to happen once in a great while, no more than once a year, and usually only if I was already really sick/dehydrated/exhausted. Doctors had checked me out before and found nothing wrong, so it was written off as no serious thing. I didn't even bother to mention it on my medical thing for my application, as it had never been this much of a problem before.

Due to some eating/sleeping/climate/stressful changes in my life lately, however, they've been occuring more frequently. At least that's my best guess as to why I'm falling on my face so often here. Sad I am hopefully going to get checked by the cardiologist during the break, just to rule that out.
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Mon Jul 25, 2011 1:22 am    Post subject: Reply with quote

My sincere sympathies for your situation. I understand fainting. It happened to me several times as a child & up into my 20s for no discernible reason, I was always totally fine immediately afterwards, & doctors were useless in finding a cause. Once in a while in the decades since I feel a similar lightheadedness but it passes without consequence.

Heres the thing though. You're a teacher now. Its a strong expectation of our bosses that we can hold our physical well-being together in front of our classes. A teacher dropping to the floor unconscious would surely upset students.

Your school sounds reasonably generous for forgiving previous episodes but it sounds like they've reached their limit. They have their product to consider.

I'm guessing their offer of early airfare home is extra to your contract. Maybe you should view it as a fair compromise & go. I wish you well.


Last edited by schwa on Mon Jul 25, 2011 2:39 am; edited 1 time in total
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korea87



Joined: 28 Feb 2010

PostPosted: Mon Jul 25, 2011 2:38 am    Post subject: Reply with quote

Although I agree with schwa, i still think you have shot to bring it to the labor board. it seems like they are using this as an excuse to not pay you severance and perhaps use that money for something else. Honestly, it is up to you if you want to fight it. Because if your fainting was such an issue they should have fired you well before. To me the real problem is that You are not sure if You want to fight this. I think it is obvious that you have a case to bring the Labor Board. But through your writing it seems like you don't have the Will or Energy to fight this. And please be prepared if you bring this to Labor Board it may bring up some bad blood between you and school. And I am wondering if that is stopping you. By reading your notes it seems like you know it is a little fishy that they are firing you the last month but you seem may be a little timid about getting what is owed to you. No one can tell you want to do. But if it was me I would fight. You can also ask them if you can use your vacation time to leave early too. If i had stayed until the very end , it would leave a bitter taste in my mouth not to receive my severance package without a fight. Honestly, i think your going to regret losing out to almost 2,000 just by a few weeks. Your gonna feel screwed. Lastly, if you do leave without fighting for your severance you have no one to really blame but yourself. Sometimes , schools in Korea try to get as much out of you as they can. They basically used until the last moment. Anyway, last year my school didn't want to give me my exit allowance since I was transferring . But contract said I am suppose to get it. So I took it to the director of EPIK Gangwon-do and she told them that yes they have to give it to me. I am telling you this because the guy before me left without his severance because he chose not to fight. Although you have been sick for awhile, they should have fired you beforehand. But they decided to keep you until it was no longer convenient to have you and they could save some money. good luck with your decision.
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Bruce W Sims



Joined: 08 Mar 2011
Location: Illinois; USA

PostPosted: Mon Jul 25, 2011 5:20 am    Post subject: Reply with quote

Hi, Maria:

At first glance, fainting spells can be rather benign. I think just about everbody has experienced them at one time or another and with no bad after-effects, right?

The problem, as I see it, is actually two-fold.

The first issue is that noone seems to know what it is exactly that is producing these spells. You have mentioned changes in your life as a possible culprit, but I don't hear that you have a firm grasp of the relationship between the changes and the result. Not good. In the teaching profession terms such as "simple stress", free floating anxiety" and "fatigue" get thrown around all of the time. Along with this are judgements made by others that one is "just too high strung" or "is hypochondrical". Such labels are just too global to be of any real use. The simple fact is that whatever is going on with you is severe enough to impact your ability for normative function. You are going to want to find out why this is, but right now you are already "Over the line".

The second issue is that you have allowed economic issues to interfere with your need to address Point #1. I don't know whats causing your spells and apparently neither do you and that, not your economic situation is the real issue. You would not be the first person I know to have ignored warning signals in your health to go unattended because of career concerns. Should you get home and find that your condition is far more serious than you first thought, that matter of losing a bonus or an airline ticket is going to look rather silly, don't you think?

I'm not in a place to form any judgements about this whole situation. I'm simply hoping that you will be able to prioritize things well and in your best interests. FWIW.

Best Wishes,

Bruce
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