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contract dispute
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Jayme Upsa



Joined: 26 Nov 2005

PostPosted: Fri Dec 02, 2005 3:34 am    Post subject: Reply with quote

As of 2 hours ago, I believe I am effectively fired. He gave me 30 days notice, as per contract, and is asking for the airfare returned. He said he would release me after all was settled. Now what do I do?
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howie2424



Joined: 09 Jan 2003

PostPosted: Fri Dec 02, 2005 4:05 am    Post subject: Reply with quote

Go here;

http://efl-law.org/forums/index.php

and join up, it's free. Post a detailed explanation of your situation and ask for some help regarding the release and airfare issues. It would seem you've been fired for no apparent reason so your questions now ought to be; am I entitled to a release and do I have to repay the airfare. You will get a quick and useful response. Sorry this turned out so badly for you but keep your chin up, there's lots of work out there.
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Cheonmunka



Joined: 04 Jun 2004

PostPosted: Fri Dec 02, 2005 4:31 am    Post subject: Reply with quote

Companies only need to do the pension bit if there are more than 5 employees on the books. Otherwise there is no onus for employers to register into it.
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joe_doufu



Joined: 09 May 2005
Location: Elsewhere

PostPosted: Fri Dec 02, 2005 6:50 am    Post subject: Reply with quote

Jayme Upsa wrote:
As of 2 hours ago, I believe I am effectively fired. He gave me 30 days notice, as per contract, and is asking for the airfare returned. He said he would release me after all was settled. Now what do I do?


First of all, make sure your passport, diploma, and transcripts are in your posession. What does your contract say about termination? It might say he can fire you at any time and demand the airfare back, or it might, like mine, give several criteria that justify firing you. If your contract is like mine but he didn't give a reason for the termination, he doesn't have a right to the airfare. Remember, he tried to get you to break the law, he's not in the right, no way.

If you decide to skip town, don't go back to your home country, that's such a waste of money. Depending on your financial goals, you might find it pleasant to work in China, Taiwan, Thailand, Vietnam, Japan, or even Poland or Kuwait or some such place.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Dec 02, 2005 9:22 am    Post subject: Reply with quote

Jayme Upsa,

What happened? What reasons did your boss give for termination? Was it in response to your discussions over moving, insurance and other issues or out of the blue?
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Fri Dec 02, 2005 6:38 pm    Post subject: Reply with quote

This is why I hate when people just start their job and post how wonderful it is. The Korean boss can change like the wind. They start out so nice and they can change in a minute. Sorry you got screwed around, but do what you must to get a release letter and find a new job. Use this as a learning lesson....accept the nice attitude when they have it but always remember the way it really is.
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Jayme Upsa



Joined: 26 Nov 2005

PostPosted: Fri Dec 02, 2005 7:34 pm    Post subject: Reply with quote

ontheway wrote:
Jayme Upsa,

What happened? What reasons did your boss give for termination? Was it in response to your discussions over moving, insurance and other issues or out of the blue?


I was in response to the talk of moving to the different school. He said that relations between us were poor and that it was too much stress. He didn't need it. In the middle of my day, the man running the school in his absence, asked me to speak to him. He asked me if I would go to the other school, I said no. He asked why, I said calmly for reasons we already discussed. He said the director would like to speak with me and dialed for me. Within the first few minutes he gave me verbal thirty days notice and said he would also provide it in writing. He said that any slights or negligence on his part was not intentional, he regretted things happened this way. He told me to do whatever I was going to do, to sue him, get another job, whatever. He was ready.

We never did get back to the discussion of insurance. The dispute seemed to center on:

Him or his go between "Maybe you will go to ----- on Monday."
me "But that's Illegal."
Him "This is an emergency situation."
me "I understand this is a difficult situation, but there are several reasons why I can't do that. The first of which is, It's illegal."

The school has five employees, two korean teachers, one counter teacher (secretary) the guy who does the organizing and sits in the bosses office (not the director, though) and me.
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Fri Dec 02, 2005 9:08 pm    Post subject: Reply with quote

I would bet money he tries one more time to keep you. Keep your cool...often when they say you are fired, you are not really fired. They usually come back and try to fix it. He will try to get a teacher and he will realize that it will cost him money. Play it cool, but do not go to the other school. It really is illegal.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat Dec 03, 2005 7:36 am    Post subject: Reply with quote

You're in a tough spot here, Jayme. If this guy has two schools or two locations, it's a simple matter to get the second location on your ARC to make it legal to teach at the other school. If you want to avoid the big trouble you could tell your boss that you'll go to the other school if he'll call immigration on Monday morning, get all the paperwork together, and then go there with you to get the additional teaching location added to your ARC. This could all be done in the morning before class time.

Of course, you mentioned many other problems, so if you can get a release letter it might be better to make a quick move to a new job. Only you know which is the better choice.
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