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My boss isn't paying me. Do you have advice?
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David334



Joined: 22 Jun 2013

PostPosted: Tue Jun 25, 2013 3:58 pm    Post subject: My boss isn't paying me. Do you have advice? Reply with quote

My boss has still not paid me for the month of January. At the beginning of this month I suggested he cut my hours so that he can reduce my pay, giving him a chance to catch up. He said no. Now, instead of four weeks late, he still hasn't paid me, so at this point he's five weeks late. I got the e-mail address for the former teacher who told me today that our boss did the same thing to him, and then burned him for the last paycheck which he never received. These are some of the options I'm considering. Let me know what you think, particularly, is there something I need to do on the legal end? Do I need to file a complaint with a labor board before I stop showing up for work?

1) Starting today, I don't go back to work until he pays me everything he owes me.
2) Starting today, I don't go back until I get the regular amount for this paycheck, and then next month if I don't get paid for January + that month's paycheck, then I don't come back until I do.
3) Starting this paycheck, I get paid 133% of my regular salary for the next three paychecks until he's paid me for January. Today I refuse to go to work and I don't come back until I get it. Each month, I do the same, refusing to come to work after payday until I get 133%.

Thanks for any advice!
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Julius



Joined: 27 Jul 2006

PostPosted: Tue Jun 25, 2013 4:42 pm    Post subject: Re: My boss isn't paying me. Do you have advice? Reply with quote

David334 wrote:

1) Starting today, I don't go back to work until he pays me everything he owes me. !


That used to work when waeguks were at a premium.

You only had to threaten to leave and they'd do anything you asked.


Nowadays they simply say "bye" and hire one of the 2 billion resumes sitting on their desk.
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AnsanAnswers



Joined: 16 Jul 2010

PostPosted: Tue Jun 25, 2013 5:07 pm    Post subject: Reply with quote

How much do you like your job? How far along in the contract are you? Have you done anything wrong or against the contract (write-ups, been late, etc)? Do you have any proof to show that you have not been paid, aside from your bank statements?

It sounds like your boss is a scumbag and since he's done this before and is doing it now, he'll do it again. While you're ideas do sound reasonable, in this country being reasonable does not work. I would not advise not going skipping work until you get paid because the Labor Department will look at that as violating your contract.

The best advice I can give you is send your boss an e-mail (so that that there is a paper trail of evidence) outlining that you have not been paid for January and it sounds like you're current check is late too (is that right?). Ask him why you have not been paid and when you can expect payment. You need to him to respond via e-mail if at all possible.

Take your contract showing the date each month you are supposed to be paid, copies of your bank account showing the missing payments, the e-mail you just sent your boss with his reply and a Korean speaking friend to the Labor Department. You need to file an official complaint in order to protect yourself. Stay on topic (only discuss being paid late, they won't care if he's mean or anything else), be professional and concise and have as much evidence as you can gather. Be sure to say the situation is causing you a lot of 'stress'.

Just be forewarned, your boss will do everything in his powers to slander you and question your character and work performance. He may try to terminate you or at the very least, make your life a living hell. I don't say these things to discourage you; he's in the wrong, you deserved to be paid and he should be punished, but this is the reality of the situation.

Overall, it's a bad situation to be in. You should start looking at new jobs, if you want to stay in Korea. I have an immigration lawyer who can help you out if it comes to that. Good luck!
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War Eagle



Joined: 15 Feb 2009

PostPosted: Tue Jun 25, 2013 5:52 pm    Post subject: Reply with quote

I believe if you want to go to the labor board about this (and keep your job), the one thing you CANNOT do is stop going to work. You cannot give him a reason not to pay/fire you. Instead, go to the labor board and continue going to work (or at least take the labor board's advice about this). They will get it sorted.

EDIT: You could also tell your boss you are going to the labor board. Maybe the scare is enough to get him to pay.
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big_fella1



Joined: 08 Dec 2005

PostPosted: Tue Jun 25, 2013 7:43 pm    Post subject: Reply with quote

The only threat that I've found that works is I will go to the tax office if I don't get paid.

The National Tax Service is laid back until they are provoked and then they earn their reputation as the Blue Houses Pit Bull.

You have to keep working but I suggest you frame the situation that if you aren't being paid then the tax office isn't being paid and you will go there and report it.

Employers don't really fear the Labour Board but they do fear the tax service for good reason.

Good luck!
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Tue Jun 25, 2013 9:02 pm    Post subject: Re: My boss isn't paying me. Do you have advice? Reply with quote

Julius wrote:
David334 wrote:

1) Starting today, I don't go back to work until he pays me everything he owes me. !


That used to work when waeguks were at a premium.

You only had to threaten to leave and they'd do anything you asked.


Nowadays they simply say "bye" and hire one of the 2 billion resumes sitting on their desk.


He can say bye, but he still has to pay you under the labor board and he must pay into the pension and health care as someone else said. I would refuse to teach any more classes until he pays you. If he says "bye", go to the labor borad and then go to work and sit there everyday. Make sure to be as obnoxious and irritating as possible. If every single foriegn teacher would quit taking this shit, then maybe employers would quit trying to pull it.

Personally, I'd get in his face scream at him to "give me money" over and over again if he said "bye". See, in this culture, it's whoever is the most erratic and emotional that seems to get their own way.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Tue Jun 25, 2013 9:03 pm    Post subject: Reply with quote

War Eagle wrote:
I believe if you want to go to the labor board about this (and keep your job), the one thing you CANNOT do is stop going to work. You cannot give him a reason not to pay/fire you. Instead, go to the labor board and continue going to work (or at least take the labor board's advice about this). They will get it sorted.

EDIT: You could also tell your boss you are going to the labor board. Maybe the scare is enough to get him to pay.


Actually, go in to work and sit at a desk but don't teach. Under no circumstance do you teach.
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YTMND



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

PostPosted: Tue Jun 25, 2013 9:06 pm    Post subject: Reply with quote

Quote:
My boss has still not paid me for the month of January.


And you are posting in June? Shocked Shocked Shocked Shocked Shocked Shocked

What eventually woke you up?

Quote:
Do I need to file a complaint with a labor board before I stop showing up for work?


The legal approach would be to give 30 day notice or more if agreed to, and then leave. After that you would file a complaint. This is how I understand things.

Quote:
1) Starting today, I don't go back to work until he pays me everything he owes me.


Then you would be in breach of your contract.

One approach I took was to go to the nearest bank to the school and call the school up. I told them when they put money into my account I would immediately go to the school to continue teaching.

In this case, the worst that could happen is that they dock your pay for 1 class. In my situation, I waited 45 minutes, the money went into the account, and then I went to the school. I missed one class, but no one said anything about it.

This was 4 years ago. As stated, this may not work now. You need to decide if it will. However, if you flat out don't go, then you risk being fired immediately.

Quote:
3) Starting this paycheck, I get paid 133% of my regular salary for the next three paychecks until he's paid me for January. Today I refuse to go to work and I don't come back until I get it. Each month, I do the same, refusing to come to work after payday until I get 133%.


This is short term bandaid thinking. What about severance? What if he stops paying into pension and then just uses that money to pay you? You will still have to take legal action.

You could gamble and mention this to him. Tell him he doesn't have to pay into pension, just give you the money. Then, when you are done, go to the pension office with your contract. They will then try to collect on it from him. They can do this after a contract period has ended.

Also, a letter of release has some value. Consider this when negotiating, if he gives a letter of release what can you do without? I have had to move on and lost money along the way. However, I ended up in a much better situation.
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Wed Jun 26, 2013 1:20 am    Post subject: Reply with quote

Are you big? I worked with a Canadian guy who was 6'7 and 300lbs. When he wanted something he went into the director's office and shouted in a booming voice about what was pissing him off. He usually got whatever he shouted for. If they hesitated he pounded his fist on the table and shouted more. That really got them jumping.

I don't know if that's the best advice but it sure worked for him.
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YTMND



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

PostPosted: Wed Jun 26, 2013 3:36 am    Post subject: Reply with quote

Stan Rogers wrote:
Are you big? I worked with a Canadian guy who was 6'7 and 300lbs. When he wanted something he went into the director's office and shouted in a booming voice about what was pissing him off. He usually got whatever he shouted for. If they hesitated he pounded his fist on the table and shouted more. That really got them jumping.

I don't know if that's the best advice but it sure worked for him.


Either that or eat more samgyeopsal or galbi.
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Julius



Joined: 27 Jul 2006

PostPosted: Wed Jun 26, 2013 4:56 am    Post subject: Reply with quote

Stan Rogers wrote:
Are you big? I worked with a Canadian guy who was 6'7 and 300lbs. When he wanted something he went into the director's office and shouted in a booming voice about what was pissing him off. He usually got whatever he shouted for. If they hesitated he pounded his fist on the table and shouted more. That really got them jumping.

I don't know if that's the best advice but it sure worked for him.


Sure...a lot of things could work.

If you're ready to accept any potential consequences there's any number of measures you can try.
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big_fella1



Joined: 08 Dec 2005

PostPosted: Wed Jun 26, 2013 6:33 am    Post subject: Reply with quote

Sorry I've had a couple of drinks.

edit - next time = ban

Then they won't be deadbeats again.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Wed Jun 26, 2013 7:09 am    Post subject: Reply with quote

Weigookin74 wrote:
War Eagle wrote:
I believe if you want to go to the labor board about this (and keep your job), the one thing you CANNOT do is stop going to work. You cannot give him a reason not to pay/fire you. Instead, go to the labor board and continue going to work (or at least take the labor board's advice about this). They will get it sorted.

EDIT: You could also tell your boss you are going to the labor board. Maybe the scare is enough to get him to pay.


Actually, go in to work and sit at a desk but don't teach. Under no circumstance do you teach.


You would be giving the Hogwan owner a reason to fire you if you didn't teach.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Jun 26, 2013 3:52 pm    Post subject: Reply with quote

young_clinton wrote:
Weigookin74 wrote:
War Eagle wrote:
I believe if you want to go to the labor board about this (and keep your job), the one thing you CANNOT do is stop going to work. You cannot give him a reason not to pay/fire you. Instead, go to the labor board and continue going to work (or at least take the labor board's advice about this). They will get it sorted.

EDIT: You could also tell your boss you are going to the labor board. Maybe the scare is enough to get him to pay.


Actually, go in to work and sit at a desk but don't teach. Under no circumstance do you teach.


You would be giving the Hogwan owner a reason to fire you if you didn't teach.



This. Get the Labor Board's say-so before you start to go to war with your boss...or you may find you have no 'powder'
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Wed Jun 26, 2013 4:07 pm    Post subject: Reply with quote

One of my friends (F visa, so he has a bit more freedom) didn't go in when he didn't get paid. His boss called, frantically asking where he was. He said that he hadn't been paid, so he wasn't working. His boss begged him to come in and told him that she'd pay him soon. He said that he'd go in as soon as he received his pay. The money was transferred shortly after, and his boss called him back to tell him that he could come in now. He told her that he no longer worked there, because he doesn't work for people who don't pay him on time.
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