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AHawk843
Joined: 20 Jul 2010
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Posted: Wed Aug 10, 2011 8:29 pm Post subject: Do I have any recourse? |
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Hey guys,
I need your advice on an odd situation.
I started teaching at an adult Hagwon in Anyang last summer (August 1,) and, by and large, had a great year. The school approached me this past June wondering if I would be willing to renew for an additional year, and after we negotiated over a small raise (200K KRW) and an apartment switch, came to a mutual agreement that I would return to the school at the beginning of September when my current co-teacher returned to the United States (she had already notified the administration of her intention not to return.)
So, I departed Korea in the middle of July (I hadn't used any of my vacation days and they let me take them all at the conclusion of my contract,) after having signed another contract and after having my visa renewed (the renewal is reflected on the back of my ARC card, until September 2012.) I went ahead and moved all of my belongings (clothes, books, documents, some electronics/appliances, hybrid bike ... you get the drift) to the apartment I was going to be moving into (currently inhabited by my co-teacher, but she allowed me to store everything on her balcony.) The school flew me back home, and I went on vacation with my family.
When I got back from vacation I sent an e-mail to my supervisor asking if she had all the information she needed from me to transfer my final paycheck/severance to my account back home, and to my surprise received the following response (after an acknowledgement that they believed they had the correct account information and that the process would 'take a few days;')
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"There's an important thing I have to tell you.
Our boss decided to just bring the native teachers from the [redacted, but a branch of the institute in a nearby area] campus to our campus due to the closure of their campus.
(The other teachers don't know yet so please don't tell the other teachers. thx!)
Which means it would be hard for us to rehire you, [redacted]
The institute is in a downfall so there's alot of changes about to be made in all areas.
Such as lessen the amount of instructors and the classes.
I hope you understand..
We have all your belongings so you can get it whenever you need or we can mail it to where ever you will be at.
We extended your visa so it would be no problem for you to work in Korea for another year.
I'm very sorry to have to say this to you, especially through email.
I've really enjoyed your company and working with you."
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Sigh.
To be honest, I'm not sure that I totally believe their story. I contacted one of my current co-teachers (the one I was slated to replace in September, so her interest in the matter is menial) to tell her what I had learned, and she e-mailed me back later saying that she had talked to one of her friends who teaches at my institute's second branch and that the teachers at that branch hadn't heard anything about a closure -- in fact, they are currently trying to hire a new native teacher! Anyways, that's neither here nor there I suppose, the school doesn't want me back any way you dice it, but it adds more confusion to a developing situation that has already put me in an uncomfortable place.
Here's what I want to know:
1) As I understand, new immigration rules state, as of December 2010, that teachers are allowed to extend or transfer once without the need of a new background check. Because I have already extended, I would need a new FBI check. Is this correct, or could I still potentially transfer without needing to get a new check?
2) Is there any monetary recourse I can pry from my school for canceling the contract? I highly doubt it. In fact, I am worried that they once they realize just how many things I left the apartment I believed I would be moving into, they will quickly rescind their offer to ship my things home.
3) What would YOU do in this situation? I've already sent my resume to a couple of recruiters in Korea, but if I am going to need a new FBI check to get my visa transferred to a new position that could take months (months that I wasn't anticipating on being unemployed for.) I've sent my resume to a few schools in Japan, but don't really anticipate fishing up much in any pursuit for a job there right now.
Any words of wisdom? Feeling disheartened and lost. |
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SeoulNate

Joined: 04 Jun 2010 Location: Hyehwa
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Posted: Wed Aug 10, 2011 8:38 pm Post subject: |
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1. Did you submit an FBI check the first time around? If you did, under the new rules you should be good to go. If not, yes, you will need an FBI check.
2. Did you sign a new contract with the school? Or more specifically, did they sign the contract?
3. If you already have your FBI check in the database, I would just look for another job and cut your losses. If not, I would try and take them up on the offer to ship everything home to you. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Aug 10, 2011 8:39 pm Post subject: Re: Do I have any recourse? |
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AHawk843 wrote: |
Here's what I want to know:
1) As I understand, new immigration rules state, as of December 2010, that teachers are allowed to extend or transfer once without the need of a new background check. Because I have already extended, I would need a new FBI check. Is this correct, or could I still potentially transfer without needing to get a new check?
2) Is there any monetary recourse I can pry from my school for canceling the contract? I highly doubt it. In fact, I am worried that they once they realize just how many things I left the apartment I believed I would be moving into, they will quickly rescind their offer to ship my things home.
3) What would YOU do in this situation? I've already sent my resume to a couple of recruiters in Korea, but if I am going to need a new FBI check to get my visa transferred to a new position that could take months (months that I wasn't anticipating on being unemployed for.) I've sent my resume to a few schools in Japan, but don't really anticipate fishing up much in any pursuit for a job there right now.
Any words of wisdom? Feeling disheartened and lost. |
1) IF immigration has an apostilled FBI CBC on file AND has a (photo)copy of your degree with an apostille then you can transfer with just a LOR. If either of those documents is not on file you will need to get it before you can transfer.
2) Not from abroad. Possible that you could get 1 month's notice or 1 month's pay (as required by labor law). It would however make it virtually impossible to get a LOR for the transfer if you file a complaint with the labor board.
3) Get the LOR (at least it opens up options for you. You can always go sit on the beach in the Philippines to kill time if you actually do need a new FBI check (see #1). Thailand or China are other options for work in the meantime. (pay isn't great in Thailand for fresh-off-the-plane teachers but it is easy to get work, has a minimum of paperwork to get the visa/work permit, and is easy to leave after you get your new documents in hand if you want to return to Korea.
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AHawk843
Joined: 20 Jul 2010
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Posted: Wed Aug 10, 2011 9:02 pm Post subject: |
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Thanks for the quick responses. I really appreciate it.
I'm fairly sure that the only CBC I submitted to immigration last summer when I obtained my original visa was one conducted by my state's law enforcement division. I don't believe the requirement for the FBI check was even in place until the beginning of August (although now I wish that it had been.)
Nate, I did sign a contract (which they told me I needed to do to get my visa renewed,) but never received a copy of it and don't know if they ever signed it. I'm assuming that a copy of it would be on file on immigration, but who knows.
ttompatz, if I get the LOR from my hagwon does that essentially make me a free agent all over again? Would I have to resubmit all of my documents as if I were coming to Korea fresh? Or would the LOR only be used/submitted to immigration in the event of acquiring a new position? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Aug 10, 2011 9:09 pm Post subject: |
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AHawk843 wrote: |
ttompatz, if I get the LOR from my hagwon does that essentially make me a free agent all over again? Would I have to resubmit all of my documents as if I were coming to Korea fresh? Or would the LOR only be used/submitted to immigration in the event of acquiring a new position? |
Yes, a LOR makes you a "free agent" BUT as indicated in #1, if you are lacking one or the other of the 2 apostilled documents you will need them for a transfer since your 1-free "chage/update" of status has been used up.
With a valid status of sojourn in place (you still have a valid ARC) you won't be able to get a NEW visa. You need to either:
i) get a LOR or
ii) return, depart and hand in your ARC to cancel your status, then start again afresh.
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