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New employer CANCELED my contract before it got started.HELP

 
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OMGtrev



Joined: 09 Mar 2010

PostPosted: Tue Apr 10, 2012 9:05 am    Post subject: New employer CANCELED my contract before it got started.HELP Reply with quote

So I signed a contract with KASE, an after school program agency that hires teachers to be placed at schools around Seoul. They offered me a job that was close by my good friend and KASE teacher so that we could get a big apartment together. We got the apartment, got moved in, and he had already started his contract. I came home a few days ago for a couple of weeks before my contract was to start and I just got an email today saying I wasn't going to be able to work at the school. The thing is, I already signed the contract. They told me before I left that the school didn't want to hire the fat slob that was working there because he was a problem teacher. They also said when I first signed that he didn't want to re-sign anyway. Then, the last day before coming home, they said he DID want to re-sign, but the school still wanted to hire me. Not 5 days later they're telling me that the school changed its mind and would re-sign him because he somehow got a good reputation at the school. So now I'm stuck at home with an apartment in Seoul that my friend is having to pay for, most of my stuff is in that apartment, and I have no hope of getting a job anywhere near where I live in Seoul. WHAT THE HELL??? What can I do? I know contracts don't mean anything in Korea, but is there anything that can be done, other than my friend threatening to quit, dumping the apartment and his job on them?
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Tue Apr 10, 2012 10:41 am    Post subject: Reply with quote

Well a contract is useless till it is backed up by a visa. Things where not finished till immigration gave its stamp.

Well sorry for the bad luck. Sometimes here in Korea, things go last minute or change on a dime. Maybe they will change again.
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comm



Joined: 22 Jun 2010

PostPosted: Tue Apr 10, 2012 12:36 pm    Post subject: Reply with quote

Skippy wrote:
Sometimes here in Korea, things go last minute or change on a dime.

"Sometimes" indeed. Sorry to hear about the bad luck trev, but I don't see any easy solutions.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Apr 10, 2012 3:41 pm    Post subject: Reply with quote

IF you had your visa in your passport or had already transferred your sponsorship to the employer then your ONLY recourse is the termination clause in your contract provided you have a copy signed by both you AND the employer.

Under labor law you have no protection (worked for less than 6 months with the employer) other than the termination clause of your contract.

If you do not yet have your visa then you have NO recourse other than finding a new employer.

Good luck to you.

.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Apr 10, 2012 5:20 pm    Post subject: Reply with quote

Get a D10 if necessary, find a new job. The apartment issue is completely different and not the school's fault. Perhaps your friend can get out of the contract and get a cheaper place, cutting costs. Or, they could rent out to another teacher (that fat slob? Laughing just joking).
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Apr 12, 2012 10:06 am    Post subject: Re: New employer CANCELED my contract before it got started. Reply with quote

OMGtrev wrote:
So I signed a contract with KASE, an after school program agency that hires teachers to be placed at schools around Seoul. They offered me a job that was close by my good friend and KASE teacher so that we could get a big apartment together. We got the apartment, got moved in, and he had already started his contract. I came home a few days ago for a couple of weeks before my contract was to start and I just got an email today saying I wasn't going to be able to work at the school. The thing is, I already signed the contract. They told me before I left that the school didn't want to hire the fat slob that was working there because he was a problem teacher. They also said when I first signed that he didn't want to re-sign anyway. Then, the last day before coming home, they said he DID want to re-sign, but the school still wanted to hire me. Not 5 days later they're telling me that the school changed its mind and would re-sign him because he somehow got a good reputation at the school. So now I'm stuck at home with an apartment in Seoul that my friend is having to pay for, most of my stuff is in that apartment, and I have no hope of getting a job anywhere near where I live in Seoul. WHAT THE HELL??? What can I do? I know contracts don't mean anything in Korea, but is there anything that can be done, other than my friend threatening to quit, dumping the apartment and his job on them?



At this point you probably have some damages due to the failure to honor your contract. This is not a matter for the labor office or any government agency, your recourse is through contract law.

You have an obligation to mitigate those damages by securing an alternative job and making new housing arrangements in a speedy and cost efficient manner. Once you do so, you will be able to compute your total losses and then you can decide how to proceed.

The questions for you are:
1) What does your contract say about the date your contract becomes effective?
2) What does your contract say about termination?
3) Does your contract have any other relevant conditions that would allow your school to unilaterally end the contract without notice?

The answers will determine how strong your case is.

Then, you will have to answer:
4) What are your damages from your employer's breach of contract?
5) Can you represent yourself in a legal proceeding in Korea or do you need expensive legal counsel?

At this point you will know whether you have enough damages to cover your costs and pursue legal action in court.
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