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y0itztara
Joined: 27 Apr 2011
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 Posted: Thu Jul 25, 2013 9:06 am Post subject: Advice please!! |
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| I've already signed a contract with a hakwon in Korea. However, I have another job offer that I like a lot better. How do I go about telling the other school I dont want to work for them anymore? CAN I tell them that since I already signed the contract? I havent sent them any documents or anything yet. Advice please! |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Jul 25, 2013 9:20 am Post subject: |
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First, I understand what you are going through.
I suggest you do nothing. Stall as best you can. This means, you simply don't contact them. If they contact you, don't reply to their questions. If they ask, "Can you send your passport to us?" tell them, "Yea, I like kimchi. Please let me know about the curtains in the room I will live in."
Send your documents to the school you want (make sure you really want them).
They can't process the paperwork without your passport. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Jul 25, 2013 10:01 am Post subject: Re: Advice please!! |
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| y0itztara wrote: |
| I've already signed a contract with a hakwon in Korea. However, I have another job offer that I like a lot better. How do I go about telling the other school I dont want to work for them anymore? CAN I tell them that since I already signed the contract? I havent sent them any documents or anything yet. Advice please! |
You have already signed a contract meaning you have some obligations and duties, both legal and moral, under this contract. At this point you have found a better job (the grass is always greener ...) so you want to get out of the contract you've signed.
Your best option is to notify the school you've contracted with immediately that you will not be able to send them the documents required to fulfill the contract. You don't have to tell them that you've found a better job. Perhaps your fingerprints were rejected and although you thought you'd have your background check in time, you now have to start over. They will be glad you told them so they can find someone else.
Nearly every contract has a clause for termination by 30 or 60 days notice. This would apply even if you haven't started yet. Some contracts have a "no visa" escape clause.
The only possible fear you could have is a claim against you for damages. The more time you give the school, the easier it is for them to replace you, which means no damages and no reason to bother you about it. You can relieve yourself from both your legal and moral obligations by notifying the school immediately.
Tell the school ASAP. Don't mention the new job. Throw in a good excuse that is without blame and beyond your control.
Good luck with your better job. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Jul 25, 2013 12:16 pm Post subject: |
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| Quote: |
| You have already signed a contract meaning you have some obligations and duties |
Ignore that bullocks. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Jul 25, 2013 2:00 pm Post subject: |
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| YTMND wrote: |
| Quote: |
| You have already signed a contract meaning you have some obligations and duties |
Ignore that bullocks. |
... and of course you feel the same when your employer ignores the contract and chooses not to pay you. |
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sigmundsmith
Joined: 22 Nov 2007
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| Posted: Thu Jul 25, 2013 2:42 pm Post subject: |
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| ontheway wrote: |
| YTMND wrote: |
| Quote: |
| You have already signed a contract meaning you have some obligations and duties |
Ignore that bullocks. |
... and of course you feel the same when your employer ignores the contract and chooses not to pay you. |
They are right. Under law until the contract and visa application is processed at immigration (it doesn't matter if you have signed the contract) there is no legal obligation on your behalf. They can't fine you or take any legal proceedings against you because the contract hasn't been finalized through immigration and the contract period hasn't started. The quote about employer ignores the contract and doesn't pay is not equivalent to this case.
I'm sure that people have told stories of where they signed the contract, got all their paperwork in order and then the job is given to someone else (grass is always greener). So yes, Hagwons do it and prospective employees have the right to do it as well. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Jul 25, 2013 3:13 pm Post subject: |
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| sigmundsmith wrote: |
| ontheway wrote: |
| YTMND wrote: |
| Quote: |
| You have already signed a contract meaning you have some obligations and duties |
Ignore that bullocks. |
... and of course you feel the same when your employer ignores the contract and chooses not to pay you. |
They are right. Under law until the contract and visa application is processed at immigration (it doesn't matter if you have signed the contract) there is no legal obligation on your behalf. They can't fine you or take any legal proceedings against you because the contract hasn't been finalized through immigration and the contract period hasn't started. The quote about employer ignores the contract and doesn't pay is not equivalent to this case. |
There is no such law. However, many contracts contain a clause providing an out.
If they had sufficient damages to warrant the cost of litigation they could file a civil suit. However, the duty to mitigate and the rare event of a single teacher being that irreplaceable means the damages will almost always insufficient to justify the cost.
| sigmundsmith wrote: |
| I'm sure that people have told stories of where they signed the contract, got all their paperwork in order and then the job is given to someone else (grass is always greener). So yes, Hagwons do it and prospective employees have the right to do it as well. |
Hogwans do it, teachers do it. The same principal applies. The teacher has insufficient damages and insufficient motivation to follow through with a civil suit. It would be nice to see some teacher whose school broke the contract in this manner file a civil action for damages. The teacher would have to have a contract signed by the school and have relied upon that contract incuring damages as a result of the school breaking the contract, and then a suit would be possible, even if the contract period hadn't started and an E2 visa hadn't been issued - unless the contract itself had a clause giving the parties an out.
****
The best advice is always to avoid doing damage in the first place. This precludes most possible negative ramifications. The OP should give immediate notice to the school. |
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peachKitten713
Joined: 13 May 2013
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| Posted: Thu Jul 25, 2013 4:09 pm Post subject: |
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I think you should let the school know soon so they can find someone else. It's going to be awkward of course, but honesty would be best in this situation. Especially if you signed and faxed it back to them. (It's not like you had an interview, they sent you a contract, but then you just never replied; that would be a bit different.)
But I also think you should have thought long and hard before you committed to them by signing the contract... And you should make sure you think about it well before you sign any other contract in the future.
Before I got a job, I was all over the place looking. But when I got an offer I liked and decided to move forward with it, I kind of chilled out looking at every single job advertisement because I didn't want to cause myself any more stress with any more recruiters. And because I definitely didn't want to be in the situation you're in now and have that 'is the grass greener on the other side?' dilemma.
Best of luck with whatever you decide to do and hopefully this new school turns out to be truly better than the one you're giving up! ^.^ |
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augustine
Joined: 08 Sep 2012
Location: México
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| Posted: Thu Jul 25, 2013 4:50 pm Post subject: |
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Also, generally speaking OP, it's good advice not to take advice from ontheway. His words should always be read with suspicion. Nevertheless, good luck.  |
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sigmundsmith
Joined: 22 Nov 2007
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| Posted: Thu Jul 25, 2013 5:32 pm Post subject: |
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| ontheway wrote: |
| sigmundsmith wrote: |
| ontheway wrote: |
| YTMND wrote: |
| Quote: |
| You have already signed a contract meaning you have some obligations and duties |
Ignore that bullocks. |
... and of course you feel the same when your employer ignores the contract and chooses not to pay you. |
They are right. Under law until the contract and visa application is processed at immigration (it doesn't matter if you have signed the contract) there is no legal obligation on your behalf. They can't fine you or take any legal proceedings against you because the contract hasn't been finalized through immigration and the contract period hasn't started. The quote about employer ignores the contract and doesn't pay is not equivalent to this case. |
There is no such law. However, many contracts contain a clause providing an out.
If they had sufficient damages to warrant the cost of litigation they could file a civil suit. However, the duty to mitigate and the rare event of a single teacher being that irreplaceable means the damages will almost always insufficient to justify the cost.
| sigmundsmith wrote: |
| I'm sure that people have told stories of where they signed the contract, got all their paperwork in order and then the job is given to someone else (grass is always greener). So yes, Hagwons do it and prospective employees have the right to do it as well. |
Hogwans do it, teachers do it. The same principal applies. The teacher has insufficient damages and insufficient motivation to follow through with a civil suit. It would be nice to see some teacher whose school broke the contract in this manner file a civil action for damages. The teacher would have to have a contract signed by the school and have relied upon that contract incuring damages as a result of the school breaking the contract, and then a suit would be possible, even if the contract period hadn't started and an E2 visa hadn't been issued - unless the contract itself had a clause giving the parties an out.
****
The best advice is always to avoid doing damage in the first place. This precludes most possible negative ramifications. The OP should give immediate notice to the school. |
Yes, I agree with you ontheway, avoid doing damage. But you are factually wrong regarding your legal rights of pre-start date, pre-immigration process once you have signed the contract. The OP has only signed the contract and has not sent the relevant documents and contract to immigration. Therefore, if they change their minds there is no legal ramifications that the hagwon can do.
How do I know this? I did my first year at a place and verbally agreed and signed to renew my contract. I kept the contract and said that I will process it myself. However, a better option came up (I had not taken my documentation to immigration for renewal at this stage) and I accepted their offer. Concerned about the issue of already signing the initial contract I contacted the labor board and they stated that because the documents have not been processed through immigration, the contract has not been finalized. I queried about any legal recourse that the initial hagwon can do and they said none. They advised me to let the hagwon know that I had changed my mind. And if they threatened to sue (or whatever) tell them that under the Korean labor law they can't.
So, it is only if money has been spent (e.g. plane ticket) that a hagwon can seek legal recourse. But my understanding from the OP is that no money has been spent and that all they have done is signed a contract. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri Jul 26, 2013 3:15 am Post subject: |
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| augustine wrote: |
| Also, generally speaking OP, it's good advice not to take advice from ontheway. His words should always be read with suspicion. Nevertheless, good luck. |
What his advice was spot on? Maybe a touch too ethical, but good advice.
In general unless the paperwork is done at immigration, you are pretty much free to change your mind. That does not mean there will be consequences like the slighted school will not hassle you or your name becomes mud with some recruiters.
Like every says tell the school now that you have changed your mind. You do not have to tell the honest truth, you can give a made up excuse. You can even just say nothing and go. But be an adult and tell them. Do not hem and haw about things or try to ignore them.
I was in a similar spot. I signed a contract. But the start time was much later then what I could survive without working. So I got a new job and told the slighted school right away of the change. They understood. Annoyed but they took it well. |
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