Korean Job Discussion Forums

[Alias77]

I had an absolutely awful experience today that has left me in shock, to say the least, regarding my severance. I would like any advice that might help although I'm not sure anything can be done.

The story in summary:

I've worked for the same large, well-known company for the last 4 years in an after-school program. During the third year, a new manager replaced the program founder. Her English skills were and still are terrible, which caused great friction in addition to excessive micro-management. At the end of the third year, we parted ways because she failed to renew numerous contracts through the yearly bid and I was out of a job.

A few weeks later, she called and presented me with an offer of increased salary for an emergency situation in a far away school where the teacher had walked off the job. I accepted. Within a few days, we met the principal and afterward sat down to sign the contract. It was the same standard company contract and I checked all the usual stuff that any veteran teacher would look for, including severance payment. It was all in the contract. However, the first week had been worked by the other teacher that quit and the matter of completing the contract regarding a full year was discussed on the spot. I am 100% convinced that she said it was not a problem and that she explained that the company had said "ok, no problem" because it was only a week. We talked at length and she said that the circumstances were understood and that the company would make an exception. So, all the conditions were right and I was getting a salary increase for distance and the emergency need for a trustworthy teacher. I trusted her and the company after a long relationship without incident.

Today, she came on the final day of the contract to say goodbye and said, "Sorry about the severance. We cannot give it to you, as you remember we discussed." It made me ill on the spot. I immediately challenged her, politely of course, to say that she had indeed guaranteed it. Why would I sign a contract without severance? We argued in a very awkward and stressful way for about 45 minutes without resolution. I have put up with some awful garbage in the last 6 months, including a fight over winter vacation which ended up causing me to miss my grandmother's funeral, and still held on because I wanted the severance payment. I expected it. She declared that she had explained it wasn't possible before I signed the contract. I maintained that she had said the exact opposite.

It became clear through the argument that her mangled English, like pronouncing "can't" without a "t", was as largely at fault as her terrible interpersonal skills. Although, I strongly believe there is also something wrong with her mind. I now recall, in light of this, that my former Korean co-teacher had said that she got angry with this same manager for flipping on promises and plans that they had discussed and agreed to in Korean. My co-worker said that the manager had "changed the story later on".

Whatever her original explanation was, one year ago, the contract language included a clause for severance and I worked in good faith to complete the contract based on the verbal guarantee and belief the situation was resolved. Then, today I find out that because I am short a week because of the teacher that quit after his first week, I am not eligible per company policy and her mangled English assurance was either false, unsubstantiated, or she doesn't know what she told me.

I had my wife call her boss and explain, to which he expressed sympathy, but he had checked with the company legal team which said they are not liable. He said that she had explained to him that I accepted the contract without severance.

I am absolutely floored by these events, and of course, financially injured because of payment I was anticipating. This woman is the nexus of the confusion between myself and the upper management and the company. She has wormed around in the middle and left both the company and myself at odds. The upper management heard one story and I heard another. I just wish I had known earllier, because I would have quit long ago.

I am sorry for the length of the story. I know my principal mistake was accepting her verbal assurance, but after the long established positive relationship I had with the company, I never expected to be treated like this. So, I would appreciate any pro-active thoughts anyone has about this ridiculously terrible situation.

Thanks.

[toonchoon]

I've heard similar stories over the years, and this isn't an isolated incident. Truly a terrible experience. Now, perhaps contact the Seoul Global Center - they have a lawyer there that can offer some insight and may let you know if you have a case.

Either way, this was one huge learning experience - and an expensive one, too. I've had a few of those in Korea, though nothing to this extent. This proves that we need everything in writing in both Korean & English, and that we need to go over the contracts before we sign. The whole "can / can't" thing is all too common; Koreans say can when they mean to say can't while smiling - it's a cultural thing + pronunciation problem, which results in false perceptions.

Good luck figuring it all out!

[laynamarya]

A friend of mine went through something very similar. In the end, she called the labor board, who told her that anything less than 365 days meant no severance. She worked 363, I believe. The labor board said all she could do was hire a lawyer, and even then she'd probably lose the case.

I wish I had a more optimistic story. I don't think you can win this one, though.

[Guajiro]

[Alias77]

Interestingly, out of the 5 years I've worked after-school programs, they never have a 365 day schedule. I have documented proof that we often work on average only 50 weeks due to any number of reasons that do not include vaction, from visa runs to the school's choice of starting and ending dates, or even delays for illegal, under-the-table remodelling that the school demands for awarding the contract. Sometimes the contract dates list a sort of yearly start to end but others do not. Just like everything else in this business, it's all unstable. I think, because in previous years that I was handed a full severance for contract completion for less than 52 calendar weeks, it should establish a precedent in my favor. It probably would in the west, but the legal system is broken here too. It's one of the few arguments I have.

Also, I have one more important question to throw out there:

Anyone know the legality of asking native teachers to sign documents entirely printed in Korean without explanation?

[Cave Dweller]

It was smart and devious of this woman to tell you this after the contract was completed. If not, I would have advised to walk off your job early.

Unfortunately when it comes to greedy dragons, hitting them in the pocket book is all they understand.

[toonchoon]

[creeper1]

In a situation like this all you can do is name and shame.

otherwise she will be getting away with this Scot free.

[watergirl]

Hi~
You might have one more strategy.. Did the principal sign your contract at immigration? And does the contract say you will get severance?
You can threaten to talk to the school who does not want any hassles, and could maybe get angry w. the company and tell them to pay you.
Worth a try anyways.

[Chaparrastique]

[Troglodyte]

[alongway]

[furtakk]

The only way I can see you getting out of it is if it's considered a continuation of contract. I don't know how contracts work at your AS company, but if you make contracts with them directly (not just the PS) it may be considered a continuation of your previous 5 years with the same company. I think it wouldn't matter if you worked a full calender year at that particular school if you were contracted to the same company for 5+ years. The labor board might consider that first week 'vacation' if spun the right way.

[Alias77]

Thanks to all who have contributed.

[fusionbarnone]

Alias77

Get the contact number for your company's senior manager.

Go to immigration and explain your company said you cannot have severance pay because of a visa issue.

You will tell all staff members at immigration who speak to you until you get their big boss situated at the back of the room.

Explain the same thing to him/her and give him/her the contact number for the big boss at your school.

Wait and see what happens, your money should be in your account before you get home. Hopefully.

If anyone later asks, "Misunderstandings are a two way street"