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J.B. Clamence

Joined: 15 Jan 2003
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Posted: Fri Jan 14, 2005 3:13 am Post subject: |
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Well, what I mean is that you don't have to go to your boss hat in hand begging for the privelege of getting a release letter. Yes, your boss has to make some kind of letter releasing you from your contract, but it's not a "release letter" in the sense that they don't have to give it to you if they don't want to.
If your boss fires you, then he must cancel your visa. He has no legal right to fire you and at the same time set it up so that you can't work anywhere else for the rest of the year.
You are correct that they are under no obligation to release you from your contract. However, being fired is by definition being released from your contract (forcibly). It's totally different than simply trying to quit.
What exactly were you told by immigration? That your boss can fire you and then starve you for a year by not letting you get another job? That just doesn't make sense, so I can only assume that you were in a different situation. |
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the eye

Joined: 29 Jan 2004
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Posted: Fri Jan 14, 2005 3:29 am Post subject: |
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| they told me flat out that the only way i can cancel an E2 is by the two parties visiting immio together to finalize the papers. it actually wasn't me who was being fired, but a friend/newbie whom i was helping out. |
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Fri Jan 14, 2005 3:40 am Post subject: |
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| the eye wrote: |
| they told me flat out that the only way i can cancel an E2 is by the two parties visiting immio together to finalize the papers. it actually wasn't me who was being fired, but a friend/newbie whom i was helping out. |
So if I do go to Immigration and tell them the situation, I'll probably get an exit order and I still won't be able to get a new e-2 unless a)the old one expires or b) the boss and I go to immigration together and cancel it. Is this correct? It seems like my boss still has the power in this situation since if I do go to Immigration I won't be able to get a new E-2 without my boss and all he (rather they..since there are 2 bosses) will get is a fine, perhaps?
This is confusing  |
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phaedrus

Joined: 13 Nov 2003 Location: I'm comin' to get ya.
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Posted: Fri Jan 14, 2005 3:47 am Post subject: |
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| Alyallen wrote: |
| the eye wrote: |
| they told me flat out that the only way i can cancel an E2 is by the two parties visiting immio together to finalize the papers. it actually wasn't me who was being fired, but a friend/newbie whom i was helping out. |
So if I do go to Immigration and tell them the situation, I'll probably get an exit order and I still won't be able to get a new e-2 unless a)the old one expires or b) the boss and I go to immigration together and cancel it. Is this correct? It seems like my boss still has the power in this situation since if I do go to Immigration I won't be able to get a new E-2 without my boss and all he (rather they..since there are 2 bosses) will get is a fine, perhaps?
This is confusing  |
If you are fired, you are technically automatically released.
If you quit, your boss doesn't have to release you if he doesn't want to.
Just tell your boss that if he doesn't go to immigration you are going to have to get the labor board and small claims court to rule on whether you need to be paid for the duration of your contract. |
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the eye

Joined: 29 Jan 2004
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Posted: Fri Jan 14, 2005 3:53 am Post subject: |
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i think the problem is the fact that different districts treat the problem differently. there have been many examples of it.
or maybe i had a dork officer on the other side of that counter that day.
from what has been said here so far by all, you may have an easy out. as J.B and phaedrus said, just get something from the school that says you were fired. it should have the directors stamp on it. take it to immi, tell them the situation.
if it all works, you will be given an exit order. you will have 14 days to leave the country. you can come back on a tourist visa.
if you have new job lined up, you have to wait for your E2 cancellation to be processed by those morons. that could take 7-10 days from what they told me when i went through all this. after the cancellation is processed, you will be given a blue paper. you take that paper, and the corresponding papers from your new job out of the country, to get your new E2.
thank you for choosing korea.  |
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Fri Jan 14, 2005 3:57 am Post subject: |
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Oy vai!
I am still waiting to hear from my bosses about the release letter. If I don't hear anything, then I will go down to Immigration and start the ball rolling. Hopefully, this won't somehow blow up in my face.
Wish me luck and many many thanks
Alyson
| the eye wrote: |
i think the problem is the fact that different districts treat the problem differently. there have been many examples of it.
or maybe i had a dork officer on the other side of that counter that day.
from what has been said here so far by all, you may have an easy out. as J.B and phaedrus said, just get something from the school that says you were fired. it should have the directors stamp on it. take it to immi, tell them the situation.
if it all works, you will be given an exit order. you will have 14 days to leave the country. you can come back on a tourist visa.
if you have new job lined up, you have to wait for your E2 cancellation to be processed by those morons. that could take 7-10 days from what they told me when i went through all this. after the cancellation is processed, you will be given a blue paper. you take that paper, and the corresponding papers from your new job out of the country, to get your new E2.
thank you for choosing korea.  |
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the eye

Joined: 29 Jan 2004
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Posted: Fri Jan 14, 2005 4:11 am Post subject: |
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all you need, according to the other posters, is a simple letter that says you were fired. specifically that you were not just quitting.
why don't you prepare a documanet like that yourself.
if the lazy shnits don't prepare one on their own, then just whip out the one you made and get 'em to sign it.
may the force be with you. |
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Alyallen

Joined: 29 Mar 2004 Location: The 4th Greatest Place on Earth = Jeonju!!!
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Posted: Mon Jan 17, 2005 2:08 am Post subject: |
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| the eye wrote: |
all you need, according to the other posters, is a simple letter that says you were fired. specifically that you were not just quitting.
why don't you prepare a documanet like that yourself.
if the lazy shnits don't prepare one on their own, then just whip out the one you made and get 'em to sign it.
may the force be with you. |
So, I went to see my old bosses and was told that I don't need a release letter with them. They said the visa is cancelled and that doing a visa run should be no problem. Sigh...this is just annoying.....
SO I will have my soon to be new employer look into it.....let you know how that turns out.... |
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margaret

Joined: 14 Oct 2003
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Posted: Mon Jan 17, 2005 10:57 am Post subject: |
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So you've found a new employer? How did you go about finding one? Where is your new job? I think that's a great idea if you have one, to let your new employer straighten it out.
Margaret |
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