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pntrlqst
Joined: 20 Sep 2012
Location: Seoul
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 Posted: Sat Feb 27, 2016 1:24 am Post subject: After-school contract termination |
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I've been employed with an after-school company for six months and they just lost their contract with the school yesterday. They don't have anywhere else to place me. They've said that if I don't reimburse them for the key money for my apartment by the end of the month then they will be forced to withhold my last paycheck.
Questions: Are they within their right to withhold that money?
And, are they liable to pay me one month's severance because I wasn't given 30 days notice? Or, does that rule not apply because they lost their contract and/or I've only been employed for six months?
Thank you.
Edit: Was just told I have until March 15th to reimburse the key money, not the end of this month. So the question of reimbursement is not an issue.
Last edited by pntrlqst on Sat Feb 27, 2016 5:24 am; edited 1 time in total |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Feb 27, 2016 2:08 am Post subject: Re: After-school contract termination |
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| pntrlqst wrote: |
I've been employed with an after-school company for six months and they just lost their contract with the school yesterday. They don't have anywhere else to place me. They've said that if I don't reimburse them for the key money for my apartment by the end of the month then they will be forced to withhold my last paycheck.
Questions: Are they within their right to withhold that money?
And, are they liable to pay me one month's severance because I wasn't given 30 days notice? Or, does that rule not apply because they lost their contract and/or I've only been employed for six months?
Thank you. |
Can they withhold the final salary to claw back the key money = not legally but getting your last month's wages back will be a fight.
Can they not pay severance = yes.
Do they have to give 30 days notice or 30 days pay = maybe. IF you have been there for MORE than 6 months then yes. IF not then no. The circumstances you describe fall into one of the exclusion categories.
You can counter offer them to provide you with a LOR and leave to seek new employment or change to a D10 in exchange for quietly moving on.
If it is like most "after school" teacher providers then they have probably bent some laws to get you a visa in the first place (they are not your visa sponsor) and housing was likely not part of the employment contract meaning the key money was a loan and you need to repay it.
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pntrlqst
Joined: 20 Sep 2012
Location: Seoul
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| Posted: Sat Feb 27, 2016 2:15 am Post subject: |
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| Great. Thank you for your time and help! |
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