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KateChoi
Joined: 19 Jan 2011
Location: TN
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 Posted: Sun Oct 09, 2011 12:37 am Post subject: Pregnant and leaving a contract early? |
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I found out a few weeks ago that I am pregnant which made me and my Korean husbamd very happy, however the baby will be due in April and my contract ends in July.
We have planned to go back to USA after the baby is born, so that I may look for a teaching job in the USA ( I am an elem. Teacher in the USA). I have already told my hagwon this, giving them enough time for a replacement. I might end of leaving sooner if they do not allow me a few days to go see a hospital or if they do not treat well...roght now my boss is pretending I didnt say anything. Anyway I know if I leave before 6 Months I have to pay.back airfare but I was wondering if I have to go thru any other processes to break contract early? I am an F2 visa holder, as my husband is Korean, And I do not use school provided housing.
Last edited by KateChoi on Sun Oct 09, 2011 1:40 am; edited 1 time in total |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sun Oct 09, 2011 12:54 am Post subject: |
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Hmm, 9 months spells July, not April.
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| We have planned to go back to Korea |
You mean go back to USA? I am assuming you are in Korea now.
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| I am an elem. Teacher in the USA |
If you have enough confidence to say that, don't worry. They know you are pregnant. Get what you can and leave at your convenience.
In this situation, I can't recommend worrying about money or the hagwon's wishes. Have the baby and go to USA if that is what you and your husband plans. |
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DaHu
Joined: 09 Feb 2011
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| Posted: Sun Oct 09, 2011 1:24 am Post subject: |
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| You do not need to pay back airfare. Right after payday, leave. |
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KateChoi
Joined: 19 Jan 2011
Location: TN
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| Posted: Sun Oct 09, 2011 1:38 am Post subject: |
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| DaHu wrote: |
| You do not need to pay back airfare. Right after payday, leave. |
Why wouldnt I have to pay back airfare? Its in my contract that I would have to or would they not be able to do anything if I didnt? |
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KateChoi
Joined: 19 Jan 2011
Location: TN
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| Posted: Sun Oct 09, 2011 1:59 am Post subject: |
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| Also I was wondering if I read the Labor act right, my employer is required to give me 45 paid.day of maternity leave BEFORE and after birth right? As according to.Article 23? So legally they must give me days.off to go to the hospital correct? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Oct 09, 2011 2:04 am Post subject: Re: Pregnant and leaving a contract early? |
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| KateChoi wrote: |
I found out a few weeks ago that I am pregnant which made me and my Korean husbamd very happy, however the baby will be due in April and my contract ends in July.
We have planned to go back to USA after the baby is born, so that I may look for a teaching job in the USA ( I am an elem. Teacher in the USA). I have already told my hagwon this, giving them enough time for a replacement. I might end of leaving sooner if they do not allow me a few days to go see a hospital or if they do not treat well...roght now my boss is pretending I didnt say anything. Anyway I know if I leave before 6 Months I have to pay.back airfare but I was wondering if I have to go thru any other processes to break contract early? I am an F2 visa holder, as my husband is Korean, And I do not use school provided housing. |
The proper thing to do would be to repay the airfare, give notice and leave.
In practical terms, depending on the integrity of your employer, giving notice MAY leave you open to being victimized and necessitating the filing of a claim at the labor board. Only you know what your workplace is like.
options:
You are on an F2. Your employer is not your sponsor and there are NO repercussions (other than not getting a reference) for quitting at your convenience.
i) Give notice and take your chances.
Hope that you get paid for your last month and don't get stuck with millions of won in bogus "charges" and "deductions" (illegal but done far too often to ignore).
ii) Quit the day after payday and repay your airfare on the way out.
iii) If your boss has been cheating you already, just quit and don't look back.
. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Oct 09, 2011 6:33 am Post subject: Re: Pregnant and leaving a contract early? |
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| ttompatz wrote: |
| KateChoi wrote: |
I found out a few weeks ago that I am pregnant which made me and my Korean husbamd very happy, however the baby will be due in April and my contract ends in July.
We have planned to go back to USA after the baby is born, so that I may look for a teaching job in the USA ( I am an elem. Teacher in the USA). I have already told my hagwon this, giving them enough time for a replacement. I might end of leaving sooner if they do not allow me a few days to go see a hospital or if they do not treat well...roght now my boss is pretending I didnt say anything. Anyway I know if I leave before 6 Months I have to pay.back airfare but I was wondering if I have to go thru any other processes to break contract early? I am an F2 visa holder, as my husband is Korean, And I do not use school provided housing.
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The proper thing to do would be to repay the airfare, give notice and leave.
In practical terms, depending on the integrity of your employer, giving notice MAY leave you open to being victimized and necessitating the filing of a claim at the labor board. Only you know what your workplace is like. |
She said that she already informed her employer of her situation, so she has already given some form of notice.
| ttompatz wrote: |
options:
You are on an F2. Your employer is not your sponsor and there are NO repercussions (other than not getting a reference) for quitting at your convenience. |
Not true. Bad advice. You can be sued for breach of contract if you quit without regard to your contract and by doing so you cause damage to the school. Since you are married to a Korean you will probably want to return to Korea someday and you do not want to have a bad reputation, ill will, or a possible lawsuit to return to.
You should quit according to the terms of your contract. If your employer cheats you after you follow the contract you will have the upper hand and be able to take legal action against him. With a Korean spouse at your side you will have no trouble.
It would be foolish to turn yourself into the party in breach on the paranoid assumption that you should violate the contract first because the other party might violate the contract. This is the equivalent of the saying "shoot first and ask questions later."
| ttompatz wrote: |
i) Give notice and take your chances.
Hope that you get paid for your last month and don't get stuck with millions of won in bogus "charges" and "deductions" (illegal but done far too often to ignore). |
The implication in the bad advice here is that you can expect trouble - hence the "take your chances" comment - very biased commentary.
You should give proper notice. Most teachers who give notice and follow the contract for doing so have no trouble. Do not assume trouble in advance and become the offending party in breach.
| ttompatz wrote: |
| ii) Quit the day after payday and repay your airfare on the way out. |
You should only do this if your employer has committed major financial breach of contract or your life or health are in danger. Otherwise, follow the contract.
| ttompatz wrote: |
| iii) If your boss has been cheating you already, just quit and don't look back. |
Bad advice again.
If your boss has been cheating you, (which the OP doesn't claim) your best option is to quit according to the contract and pursue your legal avenues for redress, including the labor board and civil suit among others. If you have been cheated you will prevail in almost all cases and being an honest player will only help your case.
This course of action is especially best when you are on an F visa as you have options and ties to the community and in this case a Korean spouse and the spouse's network of family and friends as resources. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sun Oct 09, 2011 6:37 am Post subject: |
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| Quote: |
| You should give proper notice. |
| Quote: |
| I have already told my hagwon this, giving them enough time for a replacement. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Oct 09, 2011 6:52 am Post subject: Re: Pregnant and leaving a contract early? |
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| KateChoi wrote: |
I found out a few weeks ago that I am pregnant which made me and my Korean husbamd very happy, however the baby will be due in April and my contract ends in July.
We have planned to go back to USA after the baby is born, so that I may look for a teaching job in the USA ( I am an elem. Teacher in the USA). I have already told my hagwon this, giving them enough time for a replacement. I might end of leaving sooner if they do not allow me a few days to go see a hospital or if they do not treat well...roght now my boss is pretending I didnt say anything. Anyway I know if I leave before 6 Months I have to pay.back airfare but I was wondering if I have to go thru any other processes to break contract early? I am an F2 visa holder, as my husband is Korean, And I do not use school provided housing. |
Since your baby is due in April and your six month point under the contract comes in January (contract ending in July) you should be able to work to that point. Then you won't have an airfare issue.
If you quit according to the terms of the contract and give proper notice you are not "breaking the contract" so this is the best course of action. It means you will have fulfilled the terms of the contract.
Of course, you have already informed your boss about your situation, but you have not made a decision about when you want to leave. Thus he knows you will not finish your contract, but you haven't yet given official notice and a date certain. You should think about when you want your last day to be and discuss this with him as soon as you know, since your boss will also be worrying about this too. Otherwise he can choose the timing of your replacement (since he has to have a teacher available to teach) and give you notice according to the contract as well.
Most prenatal care, does not take whole days away from the job, so you should be able to schedule your visits to the doctor during your off hours, especially during the first two trimesters. Since you are due in April, you should have no trouble with your prenatal care and your work schedule before you have completed 6 months on your contract in January.
Do not worry about your job or money issues. Do not take the belligerent route in dealing with your job. Relax, keep it light and friendly. You are having a baby, you are married, you can teach in the US and you just need a happy start to a good life with your new family.
If trouble comes with your boss, just deal with it as it comes. Assume the best. The worst your boss can do is cheat you out of a little money. That's nothing. And you will win in any action to claim any upaid amounts. Worry and paranoia can hurt you, your health, and your baby. Most Korean bosses do NOT cheat their teachers and most hogwans are honest. Don't buy bad news before it happens.
Congratulations on your baby. Enjoy your new young family. Best wishes for a happy future. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Sun Oct 09, 2011 7:53 am Post subject: |
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Congratulations on your new baby to be!
As for the job, who cares. If you want to quit just quit. It doesn't matter because baby is more important. Albeit I would repay whatever the school shelled out for you. It's only right. |
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Draz
Joined: 27 Jun 2007
Location: Land of Morning Clam
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| Posted: Sun Oct 09, 2011 6:14 pm Post subject: |
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| koreatimes wrote: |
| Hmm, 9 months spells July, not April. |
Most people hold off on announcing a pregnancy until week 12. It's not really considered a sure thing until then.
I would have advised against telling your boss now, and suggested waiting at least until the six month point in your contract. Especially since you are planning to leave Korea after. It's illegal to fire you for being pregnant but if you aren't in Korea you can't do anything about it.
ontheway has the best advice. You want to pick a day to leave and work things out with your boss as soon as possible, now that he knows. |
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morningsoju
Joined: 20 Aug 2011
Location: Seoul, Korea
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| Posted: Mon Oct 10, 2011 9:06 am Post subject: |
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| i know that in some of the school's contracts, it has a pregnancy clause. |
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