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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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global_gal
Joined: 19 Jul 2009 Location: Seoul
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Posted: Thu Aug 09, 2012 11:33 pm Post subject: School obligated to give LOR upon firing? |
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I have asked my school (not a hagwon) to allow me to break my contract and provide a letter of release. Things have been a bit testy with the principal, but I explained that the amount of hours and difficulty with extremely low level classes, coupled with the lack of support are my reasons for wanting to leave. Basically, I'm burnt out. BTW, I am not a newb. I've been in Korea for almost 7 years, and at this school for a year and a half. I have really tried to make it work and have done the best I can, but there are limits on a person's ability and tolerance.
They said they would think/talk about it and call me in to discuss later next week. Hopefully they will agree to it, but I have my doubts. This place has been losing Korean teachers left and right. If they don't give me a release, do I have any other options? (besides quitting outright and shooting myself in the foot)
I only plan to stay in Korea til the end of the year, but at least with a LOR I could pick up some part time or after school work by transferring my visa.
If I push their buttons and get them to fire me, are they obligated to provide a release? If I don't have a letter, do I have to leave the country within 14 days of my last day of employment? |
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Dodge7
Joined: 21 Oct 2011
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Posted: Thu Aug 09, 2012 11:51 pm Post subject: Re: School obligated to give LOR upon firing? |
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global_gal wrote: |
I have asked my school (not a hagwon) to allow me to break my contract and provide a letter of release. Things have been a bit testy with the principal, but I explained that the amount of hours and difficulty with extremely low level classes, coupled with the lack of support are my reasons for wanting to leave. Basically, I'm burnt out. BTW, I am not a newb. I've been in Korea for almost 7 years, and at this school for a year and a half. I have really tried to make it work and have done the best I can, but there are limits on a person's ability and tolerance.
They said they would think/talk about it and call me in to discuss later next week. Hopefully they will agree to it, but I have my doubts. This place has been losing Korean teachers left and right. If they don't give me a release, do I have any other options? (besides quitting outright and shooting myself in the foot)
I only plan to stay in Korea til the end of the year, but at least with a LOR I could pick up some part time or after school work by transferring my visa.
If I push their buttons and get them to fire me, are they obligated to provide a release? If I don't have a letter, do I have to leave the country within 14 days of my last day of employment? |
Geez, block it out and collect a paycheck. That's basically where I'm at now. I would have checked out a long time ago....but money is important to me. |
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global_gal
Joined: 19 Jul 2009 Location: Seoul
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Posted: Fri Aug 10, 2012 12:42 am Post subject: |
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Money is important to me too, but it is not the only thing I think about.
Since you don't know the exact circumstances of my working conditions, please try not to judge. Not every job is just a "little rough". I have been given students with mental and physical handicaps, that even the Korean teachers are at their wits end with. And no, I don't mean learning disabilities. I mean mentally handicapped in the real, clinical sense of the word. |
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Skippy

Joined: 18 Jan 2003 Location: Daejeon
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Posted: Fri Aug 10, 2012 1:15 am Post subject: |
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Generally a boss is not obligated to give a LOR of release. That is the dilemma at times when deciding to quit a job properly. After giving notice, putting up with dirty looks, and trying to compromise with last pay and ticket, you expect to get amicable treatment back. So after all the hassles many people find themselves without the LOR.
If they fire you once again they are not really obligated to provide. If they properly let you go (not firing) and notify immigration I think maybe you can move on to a new job.
Good Luck. |
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viciousdinosaur
Joined: 30 Apr 2012
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Posted: Fri Aug 10, 2012 1:46 am Post subject: |
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Like Skippy said they have no obligation to provide you with a letter of release. The fact that it is given out at all amazes me actually. They own your visa. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Fri Aug 10, 2012 2:54 am Post subject: |
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There are a few things you can try. If you have been there 1.5 years, did you collect severance after 1 year or do they owe all when you leave?
I would wait until next pay day, and then a few days later give your 1 month notice. They will owe 1 and 7/12 or 8/12 depending on the dates plus that last month, let's say it comes to more than 2.5 times your monthly salary. This is money they have to give you if you decide to leave.
Negotiate leaving earlier for less pay. This would simply translate into earning less but getting a LOR and the ability to find work elsewhere. They save money. You haven't really lost the money if you can get another employer.
Another option would be to try to get another teacher to replace you in exchange for a release letter. I am surprised they wouldn't want to let you go if you already put in 1.5 years. You must have been doing something right. I know that's a reason to try to keep you, but it can also be a sign to let the teacher go because they put in a lot of time already with the school.
Was there a change in management where they might not recognize your previous months working at the school? |
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Skippy

Joined: 18 Jan 2003 Location: Daejeon
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Posted: Fri Aug 10, 2012 3:14 am Post subject: |
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YTMND wrote: |
There are a few things you can try. If you have been there 1.5 years, did you collect severance after 1 year or do they owe all when you leave?
I would wait until next pay day, and then a few days later give your 1 month notice. They will owe 1 and 7/12 or 8/12 depending on the dates plus that last month, let's say it comes to more than 2.5 times your monthly salary. This is money they have to give you if you decide to leave.
Negotiate leaving earlier for less pay. This would simply translate into earning less but getting a LOR and the ability to find work elsewhere. They save money. You haven't really lost the money if you can get another employer.
Another option would be to try to get another teacher to replace you in exchange for a release letter. I am surprised they wouldn't want to let you go if you already put in 1.5 years. You must have been doing something right. I know that's a reason to try to keep you, but it can also be a sign to let the teacher go because they put in a lot of time already with the school.
Was there a change in management where they might not recognize your previous months working at the school? |
Yep the "make it worthwhile to the boss" gambit, of course you can go the other way of "make it worthwhile to get rid of you quietly and quickly or we will have the pension, tax, and labor department fall on us like a ton of bricks" gambit.
This has been discussed before in various threads, if you trust the school then do things by the book. If you do not trust, then get some extra plans in the works like getting extra paperwork, finding own apartment, etc. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Aug 10, 2012 3:31 am Post subject: Re: School obligated to give LOR upon firing? |
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global_gal wrote: |
If I push their buttons and get them to fire me, are they obligated to provide a release? If I don't have a letter, do I have to leave the country within 14 days of my last day of employment? |
They are NOT (legally) obligated to provide a LOR and in the case of public schools it has been a general policy to NOT provide a LOR (often actually written into the contract in the case of EPIK and SMOE).
IF you quit then you must either:
a) leave within 14 days of your termination of employment or
b) report to immigration within 14 days and you will be given 30 days from your last date of employment to clear your affairs and leave.
IF you can get a letter of termination of employment from the school it will have the same effect as a LOR.
(your name, ARC, passport#, school's name, business #, dojang (red stamp), last date of effective employment / termination date and signed by the principal or VP.
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