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elizabethbennet
Joined: 18 Aug 2009
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Posted: Fri Dec 23, 2011 2:18 am Post subject: Need E-mail for labor lawyer or advice on labor board ASAP! |
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Well, I used to think I worked at the only honest hagwon, but it turns out I did for the 2 years it took them to finally not be so honest. Long story short, I need to contact a labor lawyer ASAP. I am worried that my bonus will not be paid if I don't approach my situation right now just right and it's fairly time-sensitive.
Basically, the school is not re-contracting me, after we "shook on it" and after they even went so far as to grant me a 1 1/2 month round-trip ticket paid vacation home for my next contract. The money for this plane ticket is already gone, but now there's some hint that that money (which is a good 1.1 million less than my bonus to begin with, never mind that they would owe me a one-way ticket in January, not February when my flight is) is being considered my "bonus."
Add to this they are not having me come in next week and the few days after it to finish my contract and the whole thing seems fishy to me, as if they are trying to escape paying me my bonus on a technicality of my not having worked a full twelve months. Before today I would have thought it was nuts or disrespectful to believe my school would do this. They seemed real upfront and good for the last 2 years. But after today. I have no idea. I want to know what I should do and I need it on the record that my school is telling me not to come in, that it isn't my choice. To get it on the record, however, I think I probably need a lawyer.
Anyway, any e-mails of lawyers or knowledgeable advice is REALLY appreciated. I'm completely flabberghasted by the whole situation.
Merry Christmas (which is, incidentally, the last thing the director said to me...)
Jennifer |
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Rutherford
Joined: 31 Jul 2007
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Posted: Fri Dec 23, 2011 2:47 am Post subject: |
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Come in to work every day until the end of your contract. Do it even if it's awkward. Stay even if they ask you to leave. Only leave the building if they sign a form saying these days off are considered vacation (paid or unpaid) within your contract. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Dec 23, 2011 3:11 am Post subject: Re: Need E-mail for labor lawyer or advice on labor board AS |
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elizabethbennet wrote: |
Well, I used to think I worked at the only honest hagwon, but it turns out I did for the 2 years it took them to finally not be so honest. Long story short, I need to contact a labor lawyer ASAP. I am worried that my bonus will not be paid if I don't approach my situation right now just right and it's fairly time-sensitive.
Basically, the school is not re-contracting me, after we "shook on it" and after they even went so far as to grant me a 1 1/2 month round-trip ticket paid vacation home for my next contract. The money for this plane ticket is already gone, but now there's some hint that that money (which is a good 1.1 million less than my bonus to begin with, never mind that they would owe me a one-way ticket in January, not February when my flight is) is being considered my "bonus."
Add to this they are not having me come in next week and the few days after it to finish my contract and the whole thing seems fishy to me, as if they are trying to escape paying me my bonus on a technicality of my not having worked a full twelve months. Before today I would have thought it was nuts or disrespectful to believe my school would do this. They seemed real upfront and good for the last 2 years. But after today. I have no idea. I want to know what I should do and I need it on the record that my school is telling me not to come in, that it isn't my choice. To get it on the record, however, I think I probably need a lawyer.
Anyway, any e-mails of lawyers or knowledgeable advice is REALLY appreciated. I'm completely flabberghasted by the whole situation.
Merry Christmas (which is, incidentally, the last thing the director said to me...)
Jennifer |
http://www.moel.go.kr/english/main.jsp to find the office nearest to you or call them at 1345 or 031-345-5000.
The airfare and repayment of same is strictly a contractual / personal matter.
Severance IS governed by labor law as is early termination of your contract and protection of your pay (they can't levy penalties or make deductions (other than legally required ones like taxes) from your salary without your prior permission or authorization from a government body (court or tribunal).
NON renewal is not an issue and they are not obligated to renew you for a new contract unless you have something in writing.
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koreatimes
Joined: 07 Jun 2011
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Posted: Fri Dec 23, 2011 3:20 am Post subject: |
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a technicality of my not having worked a full twelve months |
Yes, show up. You are now their garbage. How shall they dispose of you. |
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elizabethbennet
Joined: 18 Aug 2009
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Posted: Sat Dec 24, 2011 1:23 am Post subject: |
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Thanks for your replies, though I find the whole thing immensely depressing. I was regaining my faith in Korea (broken by my first job here). I was delighted to be re-contracted on such good terms last month. And now... I feel like my faith in humanity has been kicked like a small helpless puppy. The only upside to all this is I'm married and our apartment is through my husband's non-crazy hagwon. |
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angsta
Joined: 11 Oct 2011
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Posted: Sun Dec 25, 2011 9:39 pm Post subject: Re: Need E-mail for labor lawyer or advice on labor board AS |
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ttompatz wrote: |
Severance IS governed by labor law as is early termination of your contract and protection of your pay (they can't levy penalties or make deductions (other than legally required ones like taxes) from your salary without your prior permission or authorization from a government body (court or tribunal).
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Really? Hmmm. How can you enforce that, I mean if they don't pay you or make deductions is it a trip to the labour board? What if you've already left Korea? Is there anything you can do? |
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CentralCali
Joined: 17 May 2007
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Posted: Sun Dec 25, 2011 10:53 pm Post subject: |
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If you have already left Korea, you need to designate someone in Korea to apply on your behalf at the Labor Board office whose jurisdiction your last place of employment is in. This person must also appear on your behalf at all Labor Board hearings. After you convince a friend of yours who is still in Korea to do this, you can go to the Korean consulate serving the area where you now reside and make that designation using the forms the consulate has.
I realize the first inclination is "I need a lawyer!" The problem with that, though, is lawyers in Korea are prohibitively expensive. Plus the lawyer most likely will tell you to try the Labor Board first. You very well may not ever need a lawyer if you have all the facts ready for the Labor Board. Be sure, also, to take someone with you (or have the person appearing on your behalf take someone with them) who is fluent in Korean. |
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bbunce
Joined: 28 Sep 2011
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Posted: Mon Dec 26, 2011 5:27 am Post subject: |
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Hope things work out better. I hope you continue to go into work as scheduled and make it awkward for them. Make them give you some kind of letter telling you not to come in again. Ask your boss when will you get your bonus, pay, and money for airfare all of which you are entitled to have. Perhaps, they are just letting you have the remainder of your time off in Korea or something. What do you mean that the money is already gone? |
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angsta
Joined: 11 Oct 2011
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Posted: Mon Dec 26, 2011 9:27 pm Post subject: |
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CentralCali wrote: |
If you have already left Korea, you need to designate someone in Korea to apply on your behalf at the Labor Board office whose jurisdiction your last place of employment is in. This person must also appear on your behalf at all Labor Board hearings. After you convince a friend of yours who is still in Korea to do this, you can go to the Korean consulate serving the area where you now reside and make that designation using the forms the consulate has.
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How long do you have to make a claim? |
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aphong420
Joined: 06 Feb 2007 Location: KOREAAAAAAH
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Posted: Wed Dec 28, 2011 5:36 am Post subject: |
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I didn't read your situation all the way through but here's my suggestion -
You should get yourself a labor lawyer (there are a ton of them located near jurisdictions where the labor boards are).
Explain your situation carefully and go with a Korean friend if possible. If it's a clear cut and dry situation (where your hakwon is in the wrong), the labor lawyer probably won't charge you anything up front.
These lawyers can push things through a lot quicker than if you went to the labor board yourself. You can also have them call your hakwon and threaten lawsuits.
Having muscle of this sort works. I've had a situation where my previous employer didn't pay me my last months' salary and 1.5 years worth of severance pay. I got myself a labor attorney, he threatened to take them to court and bleed them out of money for a year, and to also file something with the labor board to get the process started for criminal charges. I got my money within 6 days. |
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cobbles
Joined: 23 Dec 2010
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Posted: Thu Feb 02, 2012 4:51 am Post subject: |
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aphong420 wrote: |
Having muscle of this sort works. I've had a situation where my previous employer didn't pay me my last months' salary and 1.5 years worth of severance pay. I got myself a labor attorney, he threatened to take them to court and bleed them out of money for a year, and to also file something with the labor board to get the process started for criminal charges. I got my money within 6 days. |
This is very interesting!!! i think i need a 'Labor Lawyer' in my situation, i don't mind paying some money to re-coup my severance. |
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