Korean Job Discussion Forums

yangban · Last edited by yangban on Sat May 01, 2004 4:38 pm; edited 1 time in total

As the shell game goes, watch carefully.

My boss sold his business. He did not tell me. Then he brings in a new woman who is acting as his personal assistant, but in reality, she is the new owner. Ok, back and forth for several weeks. The business is sold, it is not sold. Sold, not sold. The owner vanishes and never comes around for weeks. He is the one who signed my contract. Meanwhile she finally admits she IS the new owner and the former owner did not want the foreign teacher(s) to know because they might leave.

She starts giving orders, etc. She comes to my house one night and advises me she bought my house, furniture, etc. Ok. Fine. Come to find out, she did NOT actually buy the business but might buy the business and the former owner IS still the owner. BUT.... his business licenses are all gone for a few weeks. Now they are back up but they are photocopies and not originals.

Last week he said he is still responsible for the business and my contract and that he will pay my bonus, airfare, etc., upon conclusion of this contract. (60 days left). This guy has lied so many times it is impossible to believe him.

The woman owner/agent/apprentice whatever her REAL ROLE is, was busted cheating on her spouse during a big meeting with all parties present to include a fluent translator when I asked about this "friend" she has been bringing around under the pretext that now HE wants to buy the business because she hates the business and wants to do something else.

She claimed to her husband in front of about 10 people, that this man was a book salesmen. I quickly corrected that as did others. He sells beverages and sometimes drives her to work. Her husband was bent upon learning this of course.

So... if immigration and licensing etc., show up, who do I work for? If in fact the business changed hands, licenses, etc., and they lied to me at least 12 times about this, am I still screwed for not having a new contract, E-2 visa update etc? OR... does the school get screwed over for the fines etc? It has been one lie after another and I am on a 60 ride to freedom here and would like to see this nightmare to an end.

Or.... jump ship? Suggestions? Options? Should I go to immigration and force this and demand documentation from the owner(s) or what?

In all reality, I don't actually know for 100% certainity who I am working for. Also, over the past 2 payrolls, she has been paying me and not the original man I signed with. The man tells me that he gives her the cash and then she pays me using his money, but it comes from her account. She says that is not true. What the F?

VanIslander · Posted: Sat May 01, 2004 3:50 pm Post subject:

Your contract is with the school regardless who owns it, unless business law is different here than in the West.

Seriously guys, how do you think companies continue to operate when ownership shifts unless previous agreements by the business are honoured.

I don't quite get why you'd think you wouldn't be expected to meet the terms of your contract.

yangban · Posted: Sat May 01, 2004 4:01 pm Post subject:

lush72 · Joined: 18 Aug 2003 Location: I am Penalty Kick!

phaedrus · Joined: 13 Nov 2003 Location: I'm comin' to get ya.

Ask your boss clearly about who is the owner, and don't accept any bullsh*t. Get it in writing, with a red stamp. Then go to immigration, and get their confirmation on everything.

Also contact EFL-Law. Do a search of the law website. Post the same question on the law forum with Koreabridge.

http://www.efl-law.com/

http://www.koreabridge.com/forums/index.htm

Don't assume anything. It is your skin.

Ten months, severance counting, counting, counting........

justagirl · Joined: 17 Jan 2003 Location: Cheonan/Portland

Your visa is sponsored by a Korean person. If the school changes hands, your visa is invalid. You can get a new visa, signed by the new owner of the school, but only if you want to. You are legally under no obligation to stay at the school.

This is especially good for instances like your new boss not wanting to uphold your contract you had with your old boss. I'm thinking about your severance bonus, and plane ticket home. They could come at you and say, hey, new contract, no bonus or plane ticket for another 12 months. In this case, you're free to just leave if it's not what you want.

As far as the school owning the visa, this isn't true. What is true, is that your visa is only good for one school/one location.

Your visa is tied to a Korean person first, and a business (school) second. Neither can change without proper notification and changes handled by immigration.

Just for clarification:

1. School changes ownership: visa is invalid. To continue working at the school, you must sign a new contract with the new owner and have it approved by immigration.

2. Owner asks you to work at another school s/he owns: not allowed unless properly changed by/with immigration.

Hope that clears up some questions. I just read all this on EFL=lawguy's site last night, which reconfirmed what I already knew. (been here a long time)

justagirl

yangban · Posted: Sat May 01, 2004 5:18 pm Post subject:

In light of this, can I go to Japan on my own, cancel my own E-2 visa by applying for a c-3 visa and come back into the country on that visa, work for someone else and turn around and apply for a new e-2 visa with the new employer? Sounds complicated, I know, but I want to leave. I'm sick of these jerks lying to me or telling me that I don't need to know anything. What a mess. I don't want to get a letter of release, because I don't want the new school to call the old one. What are my visa options here?

phaedrus · Joined: 13 Nov 2003 Location: I'm comin' to get ya.

What about your severance?

If you find out you can or should legally leave, do it with style!! Very Happy

yangban · Posted: Sat May 01, 2004 10:55 pm Post subject:

What about it? Am I ever going to see it? This guy gets pissed to even pay my regular salary. That is AFTER I went out to help promote these people and painted my own room, paid for the paint, etc. They don't give a flying f***. They make me so angry.

phaedrus · Joined: 13 Nov 2003 Location: I'm comin' to get ya.

Sounds like a real winner of a director.

Get all your facts, and then pack up your stuff, and then give them the old right back atcha!!!

yangban · Posted: Sat May 01, 2004 11:36 pm Post subject:

Thanks. I sure could use some advice on how to do that. I am meeting with a recruiter tonight. I will see what I can do. Any suggestions?

sadsac · Joined: 22 Dec 2003 Location: Gwangwang

You have 60 days left. Even though he hates paying you he always has. If he has sold the school you should get pro rata severance. You have a good case if he has, to go to the Labour board. You have perservered this long, bite the bullet and see it through to the end. Forget the polotics and keep your head down and get it over with. Best of luck. Smile

Son Deureo! · Joined: 30 Apr 2003

Hagwon Muppet · Joined: 18 Mar 2003

Most contracts I have seen in hagwons have a clause that explicitly states that if the business is sold or goes under that your contract does not transfer to the new owner.

Its pretty typical of Korean business style that you have not been informed of whats going on - why should the boss have to explain himself to his employees? That seems to be the Korean thinking anyway. Employee communication is not a strength here.

Sounds like you need to meet with the original owner and new woman and try to just iron out the fsacts in a non-confrontational manner. Explain your legitimate concerns and ask that whoever is the owner now either makes you legit with immigration or gives you a release letter.

If they don't do this then is the time to consider your options.