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How much severance should I get?
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koreatimes

Joined: 07 Jun 2011

Posted: Sat Dec 03, 2011 12:44 am Post subject:

northway wrote:

koreatimes wrote:

If you left after 1 year, how much would you have expected to receive? 2.6 right? So, if you work a second year for 2.7, then getting 5.4 instead of 5.3 would mean .1 extra.

How are you justifying this? I don't see how you can fight for an extra 100,000 in this case.

The law is the law, the OP doesn't have to justify it.

Yes, you do. The onus is on the one making the claim.

jrwhite82

Joined: 22 May 2010

Posted: Sat Dec 03, 2011 1:15 am Post subject:

Koreatimes, please just take the initiative to actually read the LSA. Ttompatz was kind enough to post the relevans articles above. This requires no further discussion.

koreatimes

Joined: 07 Jun 2011

Posted: Sat Dec 03, 2011 1:32 am Post subject:

Due process. REGARDLESS HOW CORRECT YOU ARE, YOU HAVE TO GO THROUGH THE PROCESS (otherwise known as "hoops").

jrwhite82

Joined: 22 May 2010

Posted: Sat Dec 03, 2011 1:35 am Post subject:

koreatimes wrote:

HOW CORRECT YOU ARE

Thanks.

jrwhite82

Joined: 22 May 2010

Posted: Sat Dec 03, 2011 1:36 am Post subject:

Gamja-tang wrote:

jrwhite82 wrote:

The questions is, is 100,000W worth the headache of fighting for it and potentially ruining your chances of a good recommendation letter/reference by because it spoils the releationship?

Yeah, I agree that 100,000W isn't worth burning some bridges over. However, if I leave now it wouldn't be 100,000W, but 300,000. I make 2.8 a month now. Would I burn some bridges over 300,000W? Maybe, it isn't a lot of money, but it isn't exactly pocket change either. I guess that depends on how this year goes. My first two years were great, but this year I got co-teacher who I didn't get along with in the beginning, but things seem to be alright now. Also got a new principal and vice principal and all the old teachers are being transferred at the end of the year because they've been here for 5 years. So next years going to be a flip of the coin. Things already aren't looking to great as they want to give me 2 separate 1 week vacations instead of one 2 week vacation. I still get my vacation, it just kind of sucks.

Well, I don't know your financial situation, so I don't know if 300,000 is enough for you to burn your bridge. Laughing

Every man has his price though.

It sounds like you are at a public school. You should contact your area coordinator. Do you have one? What program are you with by the way?

koreatimes

Joined: 07 Jun 2011

Posted: Sat Dec 03, 2011 1:46 am Post subject:

jrwhite82 wrote:

koreatimes wrote:

HOW CORRECT YOU ARE

Thanks.

Scratch your Achilles heel again, I was referring to "you" in a general sense, not you specifically. Especially, after referencing Ttompatz, YOU shouldn't take all the credit.

PS: I already stated earlier I agree with the original poster, but I don't see the point in trying to collect on such a small amount. It's not like the school is refusing to pay a month's salary.

northway

Joined: 05 Jul 2010

Posted: Sat Dec 03, 2011 2:04 am Post subject:

koreatimes wrote:

northway wrote:

koreatimes wrote:

The law is the law, the OP doesn't have to justify it.

Yes, you do. The onus is on the one making the claim.

So you're saying the OP has to justify how he uses his time? I might not make a formal complaint over this, but I would sure as hell fight my school for it.

koreatimes

Joined: 07 Jun 2011

Posted: Sat Dec 03, 2011 2:30 am Post subject:

northway wrote:

koreatimes wrote:

northway wrote:

koreatimes wrote:

The law is the law, the OP doesn't have to justify it.

Yes, you do. The onus is on the one making the claim.

So you're saying the OP has to justify how he uses his time? I might not make a formal complaint over this, but I would sure as hell fight my school for it.

"has to justify how he uses his time?"

I am not sure what you meant by this. The issue is severance, not how a teacher uses their time. If a person wants to take legal action, YES, they have to use some of their time on this planet to pursue legal "rewards".

So, I try to avoid this cost and work things out, out of court and move on with my life.

jrwhite82

Joined: 22 May 2010

Posted: Sat Dec 03, 2011 2:33 am Post subject:

Where have I taken all the credit? Clearly, by referencing Ttompatz, I was in fact giving credit where credit is due. I took the extra effort to explain to you how the LSA applies to this specific situation because you asked this question after Ttompatz posted the relevant LSA articles:

koreatimes wrote:

I explained to you how it applies and you replied with a hypothetical situation and a claim that following the law as it is written is using a "loophole". To which I explained how the LSA applies to your hypothetical situation and then I questioned how is following the law as it is written "using a loophole"?

You then said that a "loophole" could be a means of escape. But I'm still not sure how that supports your claim that what the OP is doing is using a loophole.

And then you came around and said we (we as in the group which I am a member of....the group being the people that are right) were right. So I thanked you for acknowledging that. Hardly a misinterpretation of the word "you" on my behalf. Because it's use as a plural or singular is irrelevant. Because either way, it refers to me (either as the singular form or as me being part of the group).

Furthermore, no one has said that the OP will not have to go through some process to accomplish proving he is correct. The OP asked who was right. We answered. You didn't understand and it was explained to you. You now understand. You are welcome. Wink

Last edited by jrwhite82 on Sat Dec 03, 2011 2:41 am; edited 1 time in total

koreatimes

Joined: 07 Jun 2011

Posted: Sat Dec 03, 2011 2:37 am Post subject:

Quote:

Because it's use

its

jrwhite82

Joined: 22 May 2010

Posted: Sat Dec 03, 2011 2:43 am Post subject:

koreatimes wrote:

Quote:

Because it's use

its

That's it? Laughing

Thanks for playing again Koreatimes. Better luck next time. Rolling Eyes

northway

Joined: 05 Jul 2010

Posted: Sat Dec 03, 2011 3:00 am Post subject:

koreatimes wrote:

I said the OP doesn't have to justify himself if he's on the right side of the law. You said that the onus of proof is still on the person making the claim. Considering that there is no legal justification required, what justification must the OP provide, in your mind? What I'm seeing is that you're once again putting personal feelings above the law.

koreatimes

Joined: 07 Jun 2011

Posted: Sat Dec 03, 2011 3:13 am Post subject:

northway wrote:

koreatimes wrote:

So, if I accused you of raping me, wouldn't you want a fair trial to prove your innocence? Regardless if I am right or wrong, you are entitled to a fair trial first. Then, justice is served. Just because you signed a contract doesn't mean you can wave a summary judgement in the air without a judge or jury.

I rest my case.

Gamja-tang

Joined: 23 Oct 2011

Posted: Sat Dec 03, 2011 3:18 am Post subject:

jrwhite82 wrote:

Well, I don't know your financial situation, so I don't know if 300,000 is enough for you to burn your bridge. Laughing

Every man has his price though.

It sounds like you are at a public school. You should contact your area coordinator. Do you have one? What program are you with by the way?

I mean, 300,000W isn't something I would file a complaint with the Labor Board about, especially if I'm on good terms with the school. But it isn't something I would just roll over on either, without at least trying to fight for it. I'm with Gangnam, and I already contacted my coordinators. They're the ones who gave me the LSA to quote to my school. They said that they would have someone from the district financial office contact my school, which they did. But the person ended up siding with my school saying that severance is based on the yearly contract. That's what made me question myself and ask the question here on the forum. Just wanted to make sure I wasn't the one that's mistaken.

northway

Joined: 05 Jul 2010

Posted: Sat Dec 03, 2011 3:21 am Post subject:

koreatimes wrote:

Except that's not what you're saying at all. To extend your analogy, you're saying that the onus is on the wronged individual to prove that rape is against the law. We know that they're breaking the law if they don't pay him the money he's owed; there is nothing to justify. If everything he says is true, the powers that be will decide in his favor. All the OP wanted to know was whether he was correct (which, by all accounts save your rumbly stomach, he is).

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