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NYC_Gal 2.0
Joined: 10 Dec 2010
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 Posted: Tue Jul 26, 2011 5:29 am Post subject: |
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| If they had truly deemed it a serious issue, they would have let you go ages ago. The fact that they haven't given you notice yet because they are looking for a replacement means that you are fit enough by their standards to work. They are jerks, and you should take them to the labor board. Now take a second sick day and get checked out. |
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Squire
Joined: 26 Sep 2010
Location: Jeollanam-do
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| Posted: Tue Jul 26, 2011 5:54 am Post subject: |
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Do these blackouts happen when you stand up? I've had the same thing happen now and then over the years (in all but a couple of incidents I managed to stay up, usually with the help of a wall) which I suspect is because I'm tall. If that is the case then I think it's probably harmless
Anyway, I hope your health is okay. It's pretty sh*tty that your school would use this as an excuse to get rid of you within the last month. Get yourself checked out anyway, but maybe in the mean time tell them you've been checked out and are fine, or that the problem has been sorted out somehow |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Tue Jul 26, 2011 8:00 am Post subject: |
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| Schwa offered some solid advice to you OP. I second it and would advise you to seriously consider it. |
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gypsymaria
Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do
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| Posted: Wed Jul 27, 2011 2:01 am Post subject: |
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| Bruce W Sims wrote: |
| In the teaching profession terms such as "simple stress", free floating anxiety" and "fatigue" get thrown around all of the time. |
Actually, in this situation, it's the doctors throwing these terms around. I HAVE been to doctors for this in the US and Korea, and they've turned up nothing. Thus writing it off as "stress" or "fatigue", and telling me I am "perfectly healthy and fit to work". :\
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| 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? |
If there were a serious issue with my health, I'm pretty sure they would have found it by now. Or it's one of those things, like a brain aneurysm or one of those ninja heart defects, that will go undetected until it kills me out of the blue someday. I AM going in to the doctor one more time, over my vacation, to get that heart monitor test, just to rule out that last possibility.
What WILL make me feel pretty "silly" is going home to no health insurance, no job, no money, and no ability to see any doctors about this anyway. While I'm here, I still have the time and money to see more doctors and explore further options. In the meantime, I seem to be doing better lately with the medication that is helping reduce my stress levels. So really, I'd rather stay here until the end of my contract either way.
I appreciate all the concern about my health, guys, really. I promise, I am looking into it.
However, the reason I posted this thread was to find out whether or not I was getting screwed over by my school, or if they're fully within their rights to can me TWO WEEKS before my contract ends and withhold my severance pay. Because at this point? If they don't give me notice before my 5-day vacation, that's what it's going to wind up being.
You've all given me lots more to think on, and some good advice and information. Thanks to everyone who took an interest. I'm going to have to make some difficult decisions here in the next couple of weeks or so.
In the meantime, does anybody want a pet rabbit?
http://forums.eslcafe.com/korea/viewtopic.php?t=208504&highlight= |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Jul 27, 2011 3:33 pm Post subject: |
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| gypsymaria wrote: |
[
However, the reason I posted this thread was to find out whether or not I was getting screwed over by my school, or if they're fully within their rights to can me TWO WEEKS before my contract ends and withhold my severance pay. Because at this point? If they don't give me notice before my 5-day vacation, that's what it's going to wind up being.
= |
By law they must give you 30 days notice OR give you 30 days pay in lieu of notice. (if you have been there over six months). So they could can you 2 weeks before the end...as long as they gave you 30 days pay which is what severance would end up being anyway.
Of course they may try just to fire you in which case you could choose to fight it by going to the labor board. |
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ippy
Joined: 25 Aug 2009
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| Posted: Wed Jul 27, 2011 4:51 pm Post subject: |
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| If i understand her correctly shes saying they will give her the thirty days notice in month 10.5. Thus she will finish her contract on month 11.5 and thus not be eligible for severance. This does seem rather shifty. Isnt this precisely the kind of thing the labour board were trying to put a stop to? The hagwon is although acting according to the contract is exploiting the loophole to deliberately reduce paying the Native teacher the money they would have to pay her if she completed her full year. |
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gypsymaria
Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do
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| Posted: Wed Jul 27, 2011 5:20 pm Post subject: |
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| ippy wrote: |
| If i understand her correctly shes saying they will give her the thirty days notice in month 10.5. Thus she will finish her contract on month 11.5 and thus not be eligible for severance. This does seem rather shifty. Isnt this precisely the kind of thing the labour board were trying to put a stop to? The hagwon is although acting according to the contract is exploiting the loophole to deliberately reduce paying the Native teacher the money they would have to pay her if she completed her full year. |
That's correct, ippy.
Thus, you see my dilemma. To take it to the labor board or just slink home with my tail between my legs, grateful I'm even getting airfare home. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Jul 27, 2011 5:27 pm Post subject: |
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| ippy wrote: |
| If i understand her correctly shes saying they will give her the thirty days notice in month 10.5. Thus she will finish her contract on month 11.5 and thus not be eligible for severance. This does seem rather shifty. Isnt this precisely the kind of thing the labour board were trying to put a stop to? The hagwon is although acting according to the contract is exploiting the loophole to deliberately reduce paying the Native teacher the money they would have to pay her if she completed her full year. |
The thing is though they do have a leg to stand on (her fainting spells). They could claim she lied on her medical application...there's a fair chance the labor board would agree with that.
Most 11 month firings are sketchy and usually transparent lies. This one is based on factual evidence. Keep in mind the school could be worried that if she falls in class and injures herself they could be liable. Thus they would want her out of there as fast as possible. If they were really out to shaft her they wouldn't be even offering the airfare nor following Korean labor law. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Jul 27, 2011 5:28 pm Post subject: |
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EPIK did the same thing for the first 10 years of their existence.
It is a loophole and it can be used. SOMETIMES, depending on circumstances, the labor board MAY find it an illegal dismissal and order the school to re-instate the employee but unless she actually returns to work she loses even when she wins.
It sucks to work for a shady hagwan but they are out there and they do take advantage when they can.
(I'd bet dollars to donuts that she didn't have an NHIC medical card/booklet ( http://4.bp.blogspot.com/_db1J0kdUysk/ShJkyeMmLDI/AAAAAAAAFe4/22hgNc9_MtI/s400/DSCF0101.JPG ) and doesn't have a pension account either).
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gypsymaria
Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do
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| Posted: Sun Jul 31, 2011 1:07 am Post subject: |
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Ok, a few points:
*It's a government funded facility, not just a hagwon. Up until now, there has been no "shady" business, because they have to answer to the government board as well as their parent company. Which is why this is sort of an unexpected situation for me.
*I didn't lie on my medical application. According to the doctors and several brain/heart/blood tests, there is NOTHING MEDICALLY WRONG WITH ME. They are the ones throwing around phrases like, "could be stress". The school is aware of this. They were also aware of this more than six months ago.
*I have national medical insurance AND a pension account. If for some strange reason I DON'T, then they were lying, and there is going to be hell to pay.
*If they really wanted me out as fast as possible, they should have fired me six months ago, or given me a month's pay in lieu of notice. They have not yet given me WRITTEN notice at this point. If they wait too much longer, there will be no point in firing me early, because one month will be equal to the end of my contract anyway. The longer they wait, the more this feels like them trying to squeeze as much work out of me as they can while still wriggling out of severance pay. If I were truly "unfit to work", or any concerns about liability, they shouldn't be keeping me on to work AT ALL. |
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NYC_Gal 2.0
Joined: 10 Dec 2010
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| Posted: Sun Jul 31, 2011 1:10 am Post subject: |
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| gypsymaria wrote: |
| If I were truly "unfit to work", or any concerns about liability, they shouldn't be keeping me on to work AT ALL. |
Yes. |
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gypsymaria
Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do
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| Posted: Sun Jul 31, 2011 8:04 pm Post subject: |
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The only thing I'm wondering now is if I have a case to take to the Labor Board or not, and if it's even worth the trouble. Do I need a lawyer for that?
I'm just going to wait and see for now. They still haven't given me written notice, and the office person who was discussing this with me has been transferred to another school, so maybe they won't do it at all. I can't be sure. I'll just have to wait, and decide what to do when they finally act. |
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ssuprnova
Joined: 17 Dec 2010
Location: Saigon
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| Posted: Mon Aug 01, 2011 8:04 am Post subject: |
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| gypsymaria wrote: |
The only thing I'm wondering now is if I have a case to take to the Labor Board or not, and if it's even worth the trouble. Do I need a lawyer for that?
I'm just going to wait and see for now. They still haven't given me written notice, and the office person who was discussing this with me has been transferred to another school, so maybe they won't do it at all. I can't be sure. I'll just have to wait, and decide what to do when they finally act. |
I'd say try to lay low for as long as possible. If they don't give you a notice in 2 weeks or so then chances are you'll be allowed to finish your contract. |
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gypsymaria
Joined: 08 Jun 2010
Location: Anyang-si, Gyeonggi-do
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| Posted: Thu Aug 25, 2011 4:51 am Post subject: |
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Looks like they decided not to fire me after all. Time ran out and they couldn't find a replacement fast enough, and by now they'd have to pay me everything I'm owed, anyway. 5 weeks left, yeah! 
Thanks for all the helpful advice, folks. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Aug 25, 2011 3:54 pm Post subject: |
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Excellent!
Thanks for the update BTW. Too many people come on here with a problem and then disappear and we never hear from them again. |
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