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Korean Job Discussion Forums
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atwood
Joined: 26 Dec 2009
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 Posted: Wed Jul 25, 2012 5:42 am Post subject: |
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| Since it keeps getting misspelled, it's separate, not seperate. Easy way to remember--there's a rat in separate. |
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TheFoodie
Joined: 18 Jan 2010
Location: Ebay Central
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| Posted: Tue Jan 01, 2013 8:38 pm Post subject: |
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| YTMND wrote: |
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| You're talking nonsense and acting as if everyone else is. |
Yet, I am not the one suing KAIST. Now, explain how the above statement isn't nonsense.
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| How is a contract dispute not a labor one? |
If a school refuses to pay severance, you can use labor board to help settle the issue. The contract doesn't have to state you will get severance in order to get it. Get it?
If a contract says you will get airfare, and the school refuses to give you airfare, my understanding is that you can't use labor board and must take legal action like through a lawyer. If I am mistaken, please correct me.
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| The article is clear enough on that point. I don't have to fax you copy of the contract. |
I don't see how an article determines the merits of this case.
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It is clear the prof had his contract terminated. He got fired for the last two months of the contract. It is also obvious he got fired for working another job, and that the school said that is why they terminated him.
I don't have to produce a copy of the contract. That is ridiculous.
You have nothing better than the article to stand on but you are dismissing it in a convoluted fashion. |
1. The article doesn't claim he will win, nor does it state the school is right. All it does is report what is known so far. So far, there is no mention of any clause in a contract which would disallow him to work in China.
2. If they were right for terminating him, they are still wrong for holding onto his severance, since he worked 3 years. Wouldn't he still be owed that money? Did he collect it each year, resetting the clock to have to finish each year? If this guy's job was to lecture at Business classes, I think it's safe to say he didn't.
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| Now you are stomping up and down demanding I prove what the article is telling me by quoting directly from the contract. |
I don't see how an article determines the merits of this case.
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| shouldn't the burden of proof be on you? |
I can't prove a negative. It's not in the contract. If it is, all it takes is a scan of a contract to show the clause which states what he has to do.
Now, if it is a matter of Korean law, it's possible that clause is not in the contract. Does Korean law state you can't work a second job? (This goes back to why I focused on Korean law to begin with).
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| However, you started this argument by basically saying what the contract says doesn't matter: |
No, what I was saying is, what the contract DOESN'T SAY doesn't matter. If it doesn't state some things, he still might be obligated to follow those things if they are a matter of Korean law.
Now do you get it?
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| You are arguing your point of view, but it is coming out as a smokescreen. |
Look closer then. Now do you get it?
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| Korean law does supercede the legal standing of a contract |
BINGO!!!! You get it. That's why I wasn't so fussed about the contract at first.
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| But a boss doesn't have to prove every clause in a job contract matches a specific clause in Korean law. |
I wasn't arguing for that 1:1 correspondence. I was arguing if the clause wasn't in the contract, where is it in Korean law.
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| where in Korean law it says a school can't prohibit someone from working a second job or working a second job overseas |
That already exists. Think about it. If it is allowed, then it would have to be mentioned to prohibit it. If it is ok to smoke in a country, then there would have to be "NO SMOKING" signs to prohibit it. We don't have signs that say "YOU CAN SMOKE". Notice the big red circles with a slash through them? THAT MEANS "NO", and as my sister used to say, "YOU CAN'T GO GREEN HORNET", or was it "It's green, go green hornet!!".
Anyway, you get the idea.
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Because I'm convinced enough with what the article says that the contract prohibited such paid work.
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And articles trump law and contract clauses :::slaps forehead:::
Well, golllllly!!!!! Shaaazaaam!!!!
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| Anyways, it seems to me that this is an issue of how a university policy (which he may not have known about) gets interpreted as opposed to a direct contractual violation. |
I agree, they might not care about Korean law or the contract. What was the "policy" as it is normal course in the industry. That might unfortunately justify firing, but still he should get his severance and any unpaid months up until the firing. |
YTMND, you think like a lawyer  |
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