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bbunce
Joined: 28 Sep 2011
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 Posted: Thu Nov 17, 2011 6:55 am Post subject: Labor dispute will I win? |
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| To make a long story short, I will sum up the dispute. Basically, my old hagwon is refusing to reimburse my airfare. The recruiting agency is backing him up and saying I agreed he didn't have to pay me back if he signed a letter or release and paid my last paycheck. Both of which he really had to do, at least by contract. I never signed anything except for my last paycheck. He made me sign for it and wrote something like "everything is paid" on the receipt and gave me the LOR. The recruiter found me another job for higher pay and are saying since I am getting more pay, then the airfare is being paid indirectly by my new employer. I think the recruiter made some kind of deal with him but can't prove it. I know if the hagwon fires you within 3 months of hire, they don't have to pay the recruiting fee or something like that. So instead of firing me, they worked out a deal where he wouldn't need to pay my airfare. The guy is still in business doing very well. I tried to negotiate for a lower amount but instead he said I owed him money for staying in his apartment an extra week (while layed off awaiting to start the new job) and phone charges. I told him that I'd take those charges off the money he owes me. I probably should also seek 1 week's pay at 70% of the salary. Do you think I will win this? |
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Gorf
Joined: 25 Jun 2011
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| Posted: Thu Nov 17, 2011 8:05 am Post subject: |
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| There's never any harm in trying! |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Nov 17, 2011 8:16 am Post subject: Re: Labor dispute will I win? |
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| bbunce wrote: |
| To make a long story short, I will sum up the dispute. Basically, my old hagwon is refusing to reimburse my airfare. The recruiting agency is backing him up and saying I agreed he didn't have to pay me back if he signed a letter or release and paid my last paycheck. Both of which he really had to do, at least by contract. I never signed anything except for my last paycheck. He made me sign for it and wrote something like "everything is paid" on the receipt and gave me the LOR. The recruiter found me another job for higher pay and are saying since I am getting more pay, then the airfare is being paid indirectly by my new employer. I think the recruiter made some kind of deal with him but can't prove it. I know if the hagwon fires you within 3 months of hire, they don't have to pay the recruiting fee or something like that. So instead of firing me, they worked out a deal where he wouldn't need to pay my airfare. The guy is still in business doing very well. I tried to negotiate for a lower amount but instead he said I owed him money for staying in his apartment an extra week (while layed off awaiting to start the new job) and phone charges. I told him that I'd take those charges off the money he owes me. I probably should also seek 1 week's pay at 70% of the salary. Do you think I will win this? |
Your story is too short.
How long did you work at your hogwan?
Are you asking about your one-way fare to Korea?
What does your contract say about airfare?
And if you signed a statement that "Everything is Paid," that can be a binding contract, agreement or settlement to a dispute. It meets all the conditions requisite for a valid contract. |
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bbunce
Joined: 28 Sep 2011
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| Posted: Thu Nov 17, 2011 6:13 pm Post subject: |
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| I worked for 2 months because he said he was having money trouble. The contract said they would either reimburse me or pay my one-way airfare to Korea and return ticket after contract was completed. We never discussed airfare except I told him he could pay me a month later. The paper I signed was for my paycheck or at least that's what I thought. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Thu Nov 17, 2011 7:02 pm Post subject: |
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| Quote: |
| Both of which he really had to do, at least by contract. |
You don't have to give a LOR, and if you aren't going to leave the country then I wouldn't try to collect on the airfare. I wish teachers wouldn't be so greedy.
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| The recruiter found me another job for higher pay and are saying since I am getting more pay, then the airfare is being paid indirectly by my new employer. |
Typical recruiter tactics. They are just trying to look out for the second employer and make sure they have a teacher. It muddies your situation and doesn't mean anything to the base of your angst.
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| Do you think I will win this? |
Anything is possible. Personally, I would just get the LOR and go to the new school. Collect on pension, severance, last pay, and move on. |
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jrwhite82
Joined: 22 May 2010
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| Posted: Fri Nov 18, 2011 2:03 am Post subject: |
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| bbunce wrote: |
| I worked for 2 months because he said he was having money trouble. The contract said they would either reimburse me or pay my one-way airfare to Korea and return ticket after contract was completed. We never discussed airfare except I told him he could pay me a month later. The paper I signed was for my paycheck or at least that's what I thought. |
When ontheway asked "What does your contract say?" He wasn't asking for your summary. He wants you to take out your contract and type it out or copy and paste it if you have a digital copy. Otherwise no one can help you.
What EXACTLY does your contract say about airfare? Anything anyone else says about your situation doesn't matter. What matters is what your contract says.
Furthermore, it is my understanding that airfare reimbursement is not usually a labor board dispute. You might need to take him to small claims court. But I might be wrong about that.
And that document you signed that said that everything is paid. Let me guess...it was in Korean? Did you get a copy? Did you have someone you trust translate it before you signed it? What EXACTLY did that document say? |
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mollayo
Joined: 11 Oct 2010
Location: At the my house
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| Posted: Fri Nov 18, 2011 7:03 pm Post subject: |
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| This is why people should refuse to get reimbursed for their inbound flight. Always have your school pay for it upfront. It saves a lot of headaches. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Nov 18, 2011 7:31 pm Post subject: |
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| mollayo wrote: |
| This is why people should refuse to get reimbursed for their inbound flight. Always have your school pay for it upfront. It saves a lot of headaches. |
This is regarding the outbound flight which he doesn't need. |
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jrwhite82
Joined: 22 May 2010
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| Posted: Fri Nov 18, 2011 10:45 pm Post subject: |
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| koreatimes wrote: |
| mollayo wrote: |
| This is why people should refuse to get reimbursed for their inbound flight. Always have your school pay for it upfront. It saves a lot of headaches. |
This is regarding the outbound flight which he doesn't need. |
Clearly the OP is talking about his inbound airfare. Your inability to read continues to amaze me. Nowhere as he mentioned he wants outbound airfare.
That being said, I can understand why a hagwon owner would be hesitant to pay the incoming airfare for a teacher who only worked 2 months. That is why most schools have clauses that if you don't complete 6 months you must pay back or eat the cost of your ticket. That also explains why he made you sign this document that said everything is paid.
Personally, from what you've said so far, I don't think your old boss should pay for the ticket. The ticket is meant for you to use to come to Korea and work at HIS school for a year. If anything he should pay you 2/12th of it. Not eve worth the hassle. You didn't hold up your end of the deal. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Nov 18, 2011 11:18 pm Post subject: |
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| Quote: |
| Clearly the OP is talking about his inbound airfare. Your inability to read continues to amaze me. Nowhere as he mentioned he wants outbound airfare. |
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| The recruiting agency is backing him up and saying I agreed he didn't have to pay me back if he signed a letter or release and paid my last paycheck. |
If he paid the last paycheck, then 1 year has passed.
Furthermore,
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| I never signed anything except for my last paycheck. |
If they signed for their last paycheck, then 1 year has passed.
Furthermore,
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| He made me sign for it and wrote something like "everything is paid" |
If he had to sign something to indicate "everything is paid" then 1 year has passed.
Furthermore,
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| I tried to negotiate for a lower amount but instead he said I owed him money for staying in his apartment an extra week |
If he stayed an extra week, then more than a year has passed.
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| Your inability to read continues to amaze me. Nowhere as he mentioned he wants outbound airfare. |
Your inability to read also continues to amaze me. If it were inbound, then that means he waited a year to collect on it. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Nov 18, 2011 11:35 pm | |
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