| View previous topic :: View next topic |
| Author |
Message |
Marquis
Joined: 25 Jul 2013
|
 Posted: Sat Mar 22, 2014 10:04 pm Post subject: Quitting contract w/ a sleazy employer. |
 |
|
Hey folks,
Could use some more words for considerations. I apologize up front for those who get numbed by this and thank those who actually help. The blunt of this is going to result in "I think I'll need a D-10...but."
So, I've been working at a school, which could be fantastic and as far as work goes isn't hard. The issue is I got screwed over my first month by some shady explanation of pay, that I can correct myself. However, I've spoken with and personally witnessed the owner of my school screw over every single foreign teacher. Every one.
I'd rather get out sooner rather than later because of this, and I already have a job lined up in September. I started mid-January at my current location so I'm going to wait to give a notice that would put me past my six month grace period and avoid any troubles. Now comes the owner again who'll hold onto my letter of release until it's ripped out of her hands.
I'm going to have a month of unemployment, I'll need a D-10 i'm guessing. How should I handle this? Should I straight up go lawyer? Involve my new school?
Thoughts? |
|
| Back to top |
|
 |
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Sun Mar 23, 2014 3:47 pm Post subject: Re: Quitting contract w/ a sleazy employer. |
|
|
| Marquis wrote: |
I started mid-January at my current location so I'm going to wait to give a notice that would put me past my six month grace period and avoid any troubles. Now comes the owner again who'll hold onto my letter of release until it's ripped out of her hands.
I'm going to have a month of unemployment, I'll need a D-10 i'm guessing. How should I handle this? Should I straight up go lawyer? Involve my new school?
Thoughts? |
The employer is NOT legally obligated to give a LOR. A lawyer won't do you any good beyond lightening your wallet. Depending on the shady practices, IF they actually violate labor law, you may be able to use the labor board but you better read and understand the relevant labor acts (they are NOT the same as your home country) before you go down that route (it's not that complicated).
Without a LOR immigration will likely NOT allow you to transfer to a new employer or change to a D10.
Involving your new school is also, likely not a good idea and would likely mean having NO job as compared to 2 jobs.
Your likely best scenario is to get a new set of documents together, leave at your convenience, return as a tourist, and begin anew.
It might mean working illegally from Sept to Jan on a tourist stamp (so time your documents so that they don't expire during that period).
Make sure you have a place to stay between jobs.
. |
|
| Back to top |
|
|
Troglodyte
Joined: 06 Dec 2009
|
| Posted: Tue Mar 25, 2014 12:12 am Post subject: |
|
|
What is the advantage of waiting until the 6 month mark? If you are sure that you're going to get screwed over later then stick around just long enough to get a new set of visa application documents ready. Leave on your terms.
If on the other hand you have some dirt on your employer (e.g. you've been cheated already) then you might negotiate a LOR in exchange for leaving quietly. If you're case is strong enough then you could also get something like a LOR from the labor board. The LB is only really interested in concrete stuff like not being paid or being fired without cause. They aren't interested in "probably going to be screwed over" or "my boss is a dick" so only consider going to the LB if you have something solid. |
|
| Back to top |
|
|
DosEquisXX
Joined: 04 Nov 2009
|
| Posted: Tue Mar 25, 2014 5:48 pm Post subject: |
|
|
| Troglodyte wrote: |
If on the other hand you have some dirt on your employer (e.g. you've been cheated already) then you might negotiate a LOR in exchange for leaving quietly. |
I don't think blackmail is legal in Korea. |
|
| Back to top |
|
|
Scorpion
Joined: 15 Apr 2012
|
| Posted: Tue Mar 25, 2014 6:30 pm Post subject: |
|
|
| It's despicable that Korean employers "own" our visa and can control whether we can get a new job or not. They can be unethical, thieving scoundrels yet if you quit they can prevent you from working elsewhere until your visa period expires. There's your *&^% blackmail, right there. |
|
| Back to top |
|
|
SeoulNate
Joined: 04 Jun 2010
Location: Hyehwa
|
| Posted: Tue Mar 25, 2014 9:08 pm Post subject: |
|
|
| DosEquisXX wrote: |
| Troglodyte wrote: |
If on the other hand you have some dirt on your employer (e.g. you've been cheated already) then you might negotiate a LOR in exchange for leaving quietly. |
I don't think blackmail is legal in Korea. |
That isnt blackmail.. |
|
| Back to top |
|
|
matthagwon
Joined: 28 Sep 2013
Location: Japan lite
|
| Posted: Tue Mar 25, 2014 9:10 pm Post subject: |
|
|
| Scorpion wrote: |
| It's despicable that Korean employers "own" our visa and can control whether we can get a new job or not. They can be unethical, thieving scoundrels yet if you quit they can prevent you from working elsewhere until your visa period expires. There's your *&^% blackmail, right there. |
The dark side is strong in this one  |
|
| Back to top |
|
|
Troglodyte
Joined: 06 Dec 2009
|
| Posted: Thu Mar 27, 2014 3:20 am Post subject: |
|
|
| DosEquisXX wrote: |
| Troglodyte wrote: |
If on the other hand you have some dirt on your employer (e.g. you've been cheated already) then you might negotiate a LOR in exchange for leaving quietly. |
I don't think blackmail is legal in Korea. |
It's not blackmail. It's just two parties setting an issue out of court. If you go to the LB and file a complaint, the desk jockeys there will usually try to get you and the employer to do this anyway. If all you want is a LOR, they LB will try to get the school to give you one in exchange for you closing the case amicably. In fact, they'll usually try to get you your money as well. |
|
| Back to top |
|
|
Wildbore
Joined: 17 Jun 2009
|
| Posted: Thu Mar 27, 2014 10:30 am Post subject: Re: Quitting contract w/ a sleazy employer. |
|
|
| ttompatz wrote: |
| Marquis wrote: |
I started mid-January at my current location so I'm going to wait to give a notice that would put me past my six month grace period and avoid any troubles. Now comes the owner again who'll hold onto my letter of release until it's ripped out of her hands.
I'm going to have a month of unemployment, I'll need a D-10 i'm guessing. How should I handle this? Should I straight up go lawyer? Involve my new school?
Thoughts? |
The employer is NOT legally obligated to give a LOR. A lawyer won't do you any good beyond lightening your wallet. Depending on the shady practices, IF they actually violate labor law, you may be able to use the labor board but you better read and understand the relevant labor acts (they are NOT the same as your home country) before you go down that route (it's not that complicated).
Without a LOR immigration will likely NOT allow you to transfer to a new employer or change to a D10.
Involving your new school is also, likely not a good idea and would likely mean having NO job as compared to 2 jobs.
Your likely best scenario is to get a new set of documents together, leave at your convenience, return as a tourist, and begin anew.
It might mean working illegally from Sept to Jan on a tourist stamp (so time your documents so that they don't expire during that period).
Make sure you have a place to stay between jobs.
. |
Right that employer isn't legally obliged to give LOR, wrong about everything else. Criminal record check is good for 3 months after your most recent contract ended (even if you ended it by quiting your job). Degree, good forever if its in electronic system (if you filed it recently it no doubt is). At least according to immigration law as explained in the last Visa guide and Sojourn guide on the immigration website. So, you won't even need those documents again. Just leave the country and refile for a visa issuance number, excluding degree and CRC which you are now exempt from. |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Thu Mar 27, 2014 5:31 pm Post subject: Re: Quitting contract w/ a sleazy employer. |
|
|
| Wildbore wrote: |
| ttompatz wrote: |
| Marquis wrote: |
I started mid-January at my current location so I'm going to wait to give a notice that would put me past my six month grace period and avoid any troubles. Now comes the owner again who'll hold onto my letter of release until it's ripped out of her hands.
I'm going to have a month of unemployment, I'll need a D-10 i'm guessing. How should I handle this? Should I straight up go lawyer? Involve my new school?
Thoughts? |
The employer is NOT legally obligated to give a LOR. A lawyer won't do you any good beyond lightening your wallet. Depending on the shady practices, IF they actually violate labor law, you may be able to use the labor board but you better read and understand the relevant labor acts (they are NOT the same as your home country) before you go down that route (it's not that complicated).
Without a LOR immigration will likely NOT allow you to transfer to a new employer or change to a D10.
Involving your new school is also, likely not a good idea and would likely mean having NO job as compared to 2 jobs.
Your likely best scenario is to get a new set of documents together, leave at your convenience, return as a tourist, and begin anew.
It might mean working illegally from Sept to Jan on a tourist stamp (so time your documents so that they don't expire during that period).
Make sure you have a place to stay between jobs.
. |
Right that employer isn't legally obliged to give LOR, wrong about everything else. Criminal record check is good for 3 months after your most recent contract ended (even if you ended it by quiting your job). Degree, good forever if its in electronic system (if you filed it recently it no doubt is). At least according to immigration law as explained in the last Visa guide and Sojourn guide on the immigration website. So, you won't even need those documents again. Just leave the country and refile for a visa issuance number, excluding degree and CRC which you are now exempt from. |
So if he voids his visa at the 6 month mark and has to wait until the 1 year mark to re-apply (a break between visas of about 6 months) he will be past the 90-days allowed and will need a new crc.
Granted, the degree is probably fine (but if he applies to a PS position they will want a new one anyway as a condition of employment - even if immigration has one in their system.)
You really should read the conditions being replied to before you jump on someone and say, "wrong".
. |
|
| Back to top |
|
|
Troglodyte
Joined: 06 Dec 2009
|
| Posted: Fri Mar 28, 2014 1:04 am Post subject: Re: Quitting contract w/ a sleazy employer. |
|
|
| ttompatz wrote: |
| Wildbore wrote: |
| ttompatz wrote: |
| Marquis wrote: |
I started mid-January at my current location so I'm going to wait to give a notice that would put me past my six month grace period and avoid any troubles. Now comes the owner again who'll hold onto my letter of release until it's ripped out of her hands.
I'm going to have a month of unemployment, I'll need a D-10 i'm guessing. How should I handle this? Should I straight up go lawyer? Involve my new school?
Thoughts? |
The employer is NOT legally obligated to give a LOR. A lawyer won't do you any good beyond lightening your wallet. Depending on the shady practices, IF they actually violate labor law, you may be able to use the labor board but you better read and understand the relevant labor acts (they are NOT the same as your home country) before you go down that route (it's not that complicated).
Without a LOR immigration will likely NOT allow you to transfer to a new employer or change to a D10.
Involving your new school is also, likely not a good idea and would likely mean having NO job as compared to 2 jobs.
Your likely best scenario is to get a new set of documents together, leave at your convenience, return as a tourist, and begin anew.
It might mean working illegally from Sept to Jan on a tourist stamp (so time your documents so that they don't expire during that period).
Make sure you have a place to stay between jobs.
. |
Right that employer isn't legally obliged to give LOR, wrong about everything else. Criminal record check is good for 3 months after your most recent contract ended (even if you ended it by quiting your job). Degree, good forever if its in electronic system (if you filed it recently it no doubt is). At least according to immigration law as explained in the last Visa guide and Sojourn guide on the immigration website. So, you won't even need those documents again. Just leave the country and refile for a visa issuance number, excluding degree and CRC which you are now exempt from. |
So if he voids his visa at the 6 month mark and has to wait until the 1 year mark to re-apply (a break between visas of about 6 months) he will be past the 90-days allowed and will need a new crc.
Granted, the degree is probably fine (but if he applies to a PS position they will want a new one anyway as a condition of employment - even if immigration has one in their system.)
You really should read the conditions being replied to before you jump on someone and say, "wrong".
. |
You no longer have to wait for a whole year to get a new visa. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
