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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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sincerely
Joined: 04 Apr 2011
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Posted: Fri Jul 15, 2011 6:15 am Post subject: How do I break a new contract but stay and find another job? |
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Agh Im probably going to get caught by my school posting this, but here it goes.
I just started at a private school this month. Its generally a good place to work, minus providing pension which I was prepared to deal with. I choose this school bc it was evening hours and elementary - middle school. I hate teaching kindie. BUT upon arrival I was given a kindie class and a pre-kindie class. I cant handle it and have made it clear that I cant and its causing me to hate my job. They said they hired me to teach this and thought because I was a girl I would be okay with it. They have a new teacher coming next week who is male. They said if he can handle it and likes it then the classes will be his but if not they will stay mine because, well I am a girl and I should be more motherly and able to deal with "potty breaks", "snot", and "snack time". Additionally, they are planning on adding some more kindie classes in the future and those will be my responsibility too so I should probably just learn to be better with little kids.
Basically, if this new "man" doesnt like the classes he doesnt have to teach them and I am screwed based on gender? Or something. Im mad at the logic and mad that Im only a month in and I am set up to teach kindie for the next year, something I made very clear in all of my interviews that I did not feel comfortable doing.
What can I do?? Can I look for a new job? How does the Visa work? They obviously won't transfer my Visa, I would have to quit and it would be bad. My CBC is valid through August or September, but obviously Korean Immigration has it. My ARC is in the works. Do I have options? I cant afford to go back to the US and start the process again. |
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authoritar
Joined: 15 May 2011
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Posted: Fri Jul 15, 2011 7:00 am Post subject: |
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Hi,
tricky situation you are in. If I was you first I hope you are keeping a diary or a log of all your events, just incase you need it for future reference. In terms of quitiing I would say yes you can quit. Depending on the terms of your contract you may have to pay back money, initial flight money and so on. Read that carefully so you know your postion. Also wait until you have your ARC card.
Your job does not have much say with immigration status unless you do something really bad or illegal. I can not advise you much about transferring your E2 visa as I am not an expert, as far as I know it is possible as long as the new job will sponsor you. I hope other people will fill you in more.
My advice would be to read your contract and understand the terms in it regarding resignation. Make a diray of everything that is happening, even the smallest conversation jot it down. If your academy is bad then you can protect yourself with evidence. Finally don't do anything reckless, play fair and honest, tell them your concerns professionally and then if all goes badly, you can show evidence you have acted honestly.
I hope it works out for you.
http://teachorient.blogspot.com/ |
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Malislamusrex
Joined: 01 Feb 2010
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Posted: Fri Jul 15, 2011 7:12 am Post subject: |
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An employer have everything to do with an E2 visa.
authoritar wrote: |
Hi,
tricky situation you are in. If I was you first I hope you are keeping a diary or a log of all your events, just incase you need it for future reference. In terms of quitiing I would say yes you can quit. Depending on the terms of your contract you may have to pay back money, initial flight money and so on. Read that carefully so you know your postion. Also wait until you have your ARC card.
Your job does not have much say with immigration status unless you do something really bad or illegal. I can not advise you much about transferring your E2 visa as I am not an expert, as far as I know it is possible as long as the new job will sponsor you. I hope other people will fill you in more.
My advice would be to read your contract and understand the terms in it regarding resignation. Make a diray of everything that is happening, even the smallest conversation jot it down. If your academy is bad then you can protect yourself with evidence. Finally don't do anything reckless, play fair and honest, tell them your concerns professionally and then if all goes badly, you can show evidence you have acted honestly.
I hope it works out for you.
http://teachorient.blogspot.com/ |
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SeoulNate

Joined: 04 Jun 2010 Location: Hyehwa
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Posted: Fri Jul 15, 2011 7:31 am Post subject: |
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authoritar wrote: |
Your job does not have much say with immigration status unless you do something really bad or illegal. I can not advise you much about transferring your E2 visa as I am not an expert, as far as I know it is possible as long as the new job will sponsor you. I hope other people will fill you in more.
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What? An, "I don't know" would have been better.
You are at the whim of the school if it is in the contract, no matter what they promised you over the phone.
If you signed a contract that actually stipulated what you will teach and when, stick to it. Do not even enter the classroom with Kindy students, simply point to your contract. You may end up getting fired and having your visa canceled since you are a probationary employee, but you could always remind them about you going to the pension and tax office if things get really bad. Sure, it is blackmail, but what they are doing to you isnt much better.
Unfortunately for you, there really isnt much chance of transferring to another school under the 6 month mark unless your school goes under or is making serious illegal transgressions.
Your best bet it to prepare new documents now, look for a new job and do a visa run when you can. sorry! |
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Feloria
Joined: 02 Sep 2006
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Posted: Fri Jul 15, 2011 8:13 am Post subject: |
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How is it you're not in the pension program? |
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Son Deureo!
Joined: 30 Apr 2003
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Posted: Fri Jul 15, 2011 8:24 am Post subject: |
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If you want to break your contract and get another job in Korea and your current boss is not willing to give you permission to transfer your visa (which he/she probably won't), it's possible, but comes at a price.
What you'd have to do is cancel your current visa by leaving the country (it doesn't have to be the US, a short trip to Japan would work) and turning in your Alien Registration Card on your way out. Then you can come back in on a landing visa while you look for a new job. Once you find one, apply for a new visa with your new employer as the sponsor. The catch is that you'll need a complete new set of documents (apostilled criminal records check and diploma, etc.), because your current E2 visa will be null and void.
If this is what you really want, start gathering your docs now. You're American, so if you don't have an extra original signed background check handy it could take you a couple of months.
If not liking kindie is the only reason you want to leave, my honest advice to you is to give it a chance. I've taught kindie before, and while it certainly isn't easy it can be a lot of fun and very rewarding. If there are other problems between you and your employer, you're probably still stuck until you can get your docs together for a new E2.
Good luck. |
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daejeonsv
Joined: 20 Apr 2011 Location: Korea
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Posted: Sat Jul 30, 2011 4:36 am Post subject: |
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All this information is really helpful as I am in a similar situation. I've been at my job just over four months, but have completed two contracts in Korea previous to this job. My employer isn't paying medical, pension, tax, or the right amout for my paycheck. I have a job secured and my recruiter has called immigration to make sure everything is still good. I'm applying with the Jeollabuk-do Office of Education and stamped/sealed copies of the originals are good enough for them at the moment. My fear is if I leave the country on a runner or even if I quit, can my named get "flagged" at immigration and a new visa denied later? What about if I put in a two-week notice? My boss has me registered at the Cheonan office, but I'm concerned I'll be put in the system and not be able to get a new visa. I have intentions of repaying my plane ticket, but I have a file of EVERY SINGLE THING he's done that is illegal. I just want out of this job and to move to something different. What problems can come of this? Any help would be appreciated. Thanks! |
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nathanrutledge
Joined: 01 May 2008 Location: Marakesh
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Posted: Sat Jul 30, 2011 6:16 am Post subject: |
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Son Deureo! - you're a bit off, I believe.
IF you've turned in a federal background check, you are exempt from having to do that again IF you don't leave Korea for more than 3 months. So, you leave the country, cancel your visa, come back, find a new job - you don't need to turn in the criminal check again.
Now, don't quote me on this - this is what I was told by immigration. I got my FBI check earlier this year and turned it in. Being the cautious fellow that I am, I asked them about when my job was done - if I transferred the visa. No problem they said. I THEN asked - what if I cancel the visa/it expires and I have to get a new visa? They said I had to turn in all new documents EXCEPT the CBC, AS LONG AS it was within 3 months of my old visa.
So, you have that going for you - you probably won't have to deal with the CBC stuff again. |
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northway
Joined: 05 Jul 2010
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Posted: Sat Jul 30, 2011 10:39 am Post subject: |
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nathanrutledge wrote: |
Son Deureo! - you're a bit off, I believe.
IF you've turned in a federal background check, you are exempt from having to do that again IF you don't leave Korea for more than 3 months. So, you leave the country, cancel your visa, come back, find a new job - you don't need to turn in the criminal check again.
Now, don't quote me on this - this is what I was told by immigration. I got my FBI check earlier this year and turned it in. Being the cautious fellow that I am, I asked them about when my job was done - if I transferred the visa. No problem they said. I THEN asked - what if I cancel the visa/it expires and I have to get a new visa? They said I had to turn in all new documents EXCEPT the CBC, AS LONG AS it was within 3 months of my old visa.
So, you have that going for you - you probably won't have to deal with the CBC stuff again. |
Correct me if I'm wrong, but isn't a visa run to Japan out of the question if you're under the six month mark? Don't you have to get your visa in your home country? |
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daejeonsv
Joined: 20 Apr 2011 Location: Korea
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Posted: Sun Jul 31, 2011 4:06 am Post subject: |
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Thanks for your reply! Such a relief to hear the same story I was told from someone else besides immigration. I was told that copies of the originals will work for now but will probably be asked to submit a new FBI check if I decide to resign or stay another year. Totally fine as long as they don't want it now! I do have an apostilled copy of my diploma in my posession, but it was apostilled more than 6 months ago. I'm guessing they won't accept it??
I'm so anxious to get away from this job I have, I'm losing about 380,000KRW a month. I don't feel bad for wanting to pull a runner as my boss has (in my opinion) asked for this. There is no reasoning with him and I feel that this is my only option. As long as I have a job secured before I "run" do you see there being any problems with immigration when I get back?? Thanks again! |
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daejeonsv
Joined: 20 Apr 2011 Location: Korea
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Posted: Sun Jul 31, 2011 4:19 am Post subject: |
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Thanks for your reply! Such a relief to hear the same story I was told from someone else besides immigration. I was told that copies of the originals will work for now but will probably be asked to submit a new FBI check if I decide to resign or stay another year. Totally fine as long as they don't want it now! I do have an apostilled copy of my diploma in my posession, but it was apostilled more than 6 months ago. I'm guessing they won't accept it??
I'm so anxious to get away from this job I have, I'm losing about 380,000KRW a month. I don't feel bad for wanting to pull a runner as my boss has (in my opinion) asked for this. There is no reasoning with him and I feel that this is my only option. As long as I have a job secured before I "run" do you see there being any problems with immigration when I get back?? Thanks again! |
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HarryMorgan
Joined: 02 May 2011
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Posted: Sun Jul 31, 2011 6:04 am Post subject: |
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Boy oh boy. There is so much confusion with this stuff. Not like I can answer much if any of it myself though.
I'm also in the same position, but I was also planning on getting new fingerprints and starting the FBI process tomorrow. I have a copy of my CBC on my computer, but I was assuming I was going to have to start the whole process over again. I really hope Nathan is right in what he believes to be the case, because that process is not something I want to go through again. Mine is still under the six month mark, don't know if that matters, but of course the photocopy says "copy" all over the front. I figured I'd have to do it all over again and just suck it up until then.
I also have my original notarized and apostilled diploma with me in Korea, but I'm not quite sure what to do with that.
Daejeonsv... From past posts I've read, I don't think you have to worry at all about being "flagged" or anything else that would come back on you, especially if they won't legalize your employment. They have more to lose and will likely only threaten you, so I wouldn't fret on the issue. I'm in the same situation, the school refuses to legalize me and I'm not alright with that. I get paid more but the main issue is the health care with me, and they won't budge. Hope it works out for the others in similar situations. |
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litebear
Joined: 12 Sep 2009 Location: Holland
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Posted: Sun Jul 31, 2011 12:31 pm Post subject: |
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Slightly off topic but this is one of the reasons why women should be wary of jobs that request female only applicants. Often Korean hagwon bosses will believe they can take advantage of them by pulling stunts like the above. |
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Feloria
Joined: 02 Sep 2006
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Posted: Sun Jul 31, 2011 3:40 pm Post subject: |
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OP-
One bit of good news for you--
The apostilled copies of degrees DO NOT EXPIRE
Good Luck! |
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daejeonsv
Joined: 20 Apr 2011 Location: Korea
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Posted: Sun Jul 31, 2011 5:42 pm Post subject: |
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Soooo if I have a copy of my diploma that was apostilled over a year ago it can still be used?! If so, this is fantastic news!
I'm a female but I don't know why my boss hired me with years of experience in Korea under my belt. Did he not think that I would check on my insurance when I didn't get my card?? Maybe he just thought he could intimidate me out of trying to get one and just shut up... |
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