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Being told to finish contract 1 week early
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PEIGUY



Joined: 28 Mar 2004
Location: Omokgyo

PostPosted: Thu May 19, 2011 4:57 am    Post subject: Reply with quote

Mr. Peabody wrote:
PEIGUY wrote:
...he just doesn't want to pay for me to deskwarm for a week because the kids are on vacation which in my opinion is breaking our contract without written authorization by me.

And neither of you anticipated this situation? I know I would have and I have to believe you did, too. That's why you took your vacation alreaady.


Nope, I figured i'd be deskwarming.. I took vacation when I recently became married to show my family around Korea and go on my honeymoon.
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Mr. Peabody



Joined: 24 Sep 2010
Location: here

PostPosted: Thu May 19, 2011 5:04 am    Post subject: Reply with quote

PEIGUY wrote:
Mr. Peabody wrote:
PEIGUY wrote:
...he just doesn't want to pay for me to deskwarm for a week because the kids are on vacation which in my opinion is breaking our contract without written authorization by me.

And neither of you anticipated this situation? I know I would have and I have to believe you did, too. That's why you took your vacation alreaady.


Nope, I figured i'd be deskwarming.. I took vacation when I recently became married to show my family around Korea and go on my honeymoon.

I never known a hagwon to let teachers deskwarm. They make teachers take their vacations at that time.
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PEIGUY



Joined: 28 Mar 2004
Location: Omokgyo

PostPosted: Thu May 19, 2011 5:06 am    Post subject: Reply with quote

it's not a hogwon it's an int'l school. All my vacation time is used up as I mentioned before, my boss thinks that because he allowed me to take that vacation at the time I did that he's ok in justifying me finishing my contract early
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Mr. Peabody



Joined: 24 Sep 2010
Location: here

PostPosted: Thu May 19, 2011 5:11 am    Post subject: Reply with quote

PEIGUY wrote:
it's not a hogwon it's an int'l school. All my vacation time is used up as I mentioned before, my boss thinks that because he allowed me to take that vacation at the time I did that he's ok in justifying me finishing my contract early

An International school? Sorry for assuming it was a haggie! You should probably stick to your guns, then.

Can I ask why you're not re-signing?
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu May 19, 2011 6:25 am    Post subject: Reply with quote

Quote:
my boss thinks that because he allowed me to take that vacation at the time I did that he's ok in justifying me finishing my contract early


FINISHING CONTRACT EARLY = PAYING SEVERANCE AND AIRFARE EARLY

YOU .... YOUR / CAN'T / IT / CAKE / TOO / AND / HAVE / EAT
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Thu May 19, 2011 11:18 am    Post subject: Reply with quote

Ask him if it's his final decision and tell him that you guess there's nothing you can do to change his mind. After you collect the partial month's salary and severance, go to the labor board and file a complaint to claim the rest of the month's salary.

Game over.
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PEIGUY



Joined: 28 Mar 2004
Location: Omokgyo

PostPosted: Thu May 19, 2011 3:23 pm    Post subject: Reply with quote

Mr. Peabody wrote:
PEIGUY wrote:
it's not a hogwon it's an int'l school. All my vacation time is used up as I mentioned before, my boss thinks that because he allowed me to take that vacation at the time I did that he's ok in justifying me finishing my contract early

An International school? Sorry for assuming it was a haggie! You should probably stick to your guns, then.

Can I ask why you're not re-signing?


No worries, one wouldn't expect that sort of thing from an int'l school. I'm not resigning as they're moving out to Paju in the middle of nowhere with no public transit available and nothing around it either. Just figured with my F2, I can do better..
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CentralCali



Joined: 17 May 2007

PostPosted: Thu May 19, 2011 7:55 pm    Post subject: Reply with quote

Aren't you a GEPIK teacher? If so, the principal is not your actual employer. That honor goes to the POE.
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PEIGUY



Joined: 28 Mar 2004
Location: Omokgyo

PostPosted: Thu May 19, 2011 8:59 pm    Post subject: Reply with quote

CentralCali wrote:
Aren't you a GEPIK teacher? If so, the principal is not your actual employer. That honor goes to the POE.


Nope, never have been.
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ippy



Joined: 25 Aug 2009

PostPosted: Thu May 19, 2011 9:06 pm    Post subject: Reply with quote

Its a very clear solution:

You want to make sure youre getting whats entitled to you for completing your contract
He wants to not have to pay for the last week of you doing nothing.

Solution: Agree that if you receive all the monies (severance, wages and airfare) in advance then you will agree to forego the final weeks pay.

Otherwise dont agree to a damn thing.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Fri May 20, 2011 4:36 am    Post subject: Reply with quote

Sounds to me like he's setting you up for no severance. The international school aspect is a red flag also. The guy is a serious money making business man and has a lot of experience getting money any way that he can, and he's smooth about it. If it's anything like the International Schools in Thailand you can trust him less than a Hagwon owner.
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PEIGUY



Joined: 28 Mar 2004
Location: Omokgyo

PostPosted: Tue Jun 07, 2011 3:24 am    Post subject: Reply with quote

So I told my boss that I didn't want to finish on the 10th and he sent me this e-mail:

Personally I don�t understand what is so big deal with it, but as you are so picky about the niceties, I�ll do the following.



(1) I�ll try to find a way to keep you busy if I get to keep you for extra 11 days

(2) I�ll have to assess the loss incurred by days of absence in the middle of the semester, and then file complaint with the legal authorities. As you are withdrawing your agreement, I have to withdraw my agreement to let you have work days off while the semester is in progress. I am not sure what impact this will have on your last pay and retirement benefit.


I was absent for 2 weeks. One week (4 days) I had a paid substitute come in and teach for me and the 2nd week I was on my honeymoon (both of which were not in the contract but the boss agreed to give to me.) I used that time as vacation time and was paid in full.( a good chunk of the money paid for my substitute the 1st 4 days) so in a sense if he took out those days then he would owe me vacation time. However, I'm concerned about #2.. any thoughts as to my next move? Could he rescind something after it has already happened? Funny how he wants to keep me busy but had no problem paying his teachers to desk warm before. Technically, he gave me 3 extra paid vacation days that were not in my contract so I could only work 8 extra days if he wanted to rescind those vacation days.

Edit: He sent me another e-mail about 30 minutes after the 1st one:

______ the more I think about this, the more maddening it gets. I should have adhered to the minute details of all employment rules. Now it is a good time to straighten things out down to the minutest details. However long it takes and how complicated it can be, I won�t bend for anything. Remember this. Let�s go for the hard way.
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Izyb



Joined: 26 May 2011

PostPosted: Tue Jun 07, 2011 5:51 am    Post subject: Reply with quote

Woah - he's threatening you? Classy.

Okay, well he should have taken these last few days at the end of your contract into consideration before he allowed you to take those additional days of leave. I don't believe you could be expected to anticipate that there were be no work for you to do at the end of your contract. Why propose those contract ending dates if there will be no work for you then?

I would respond and say that you were under the assumption that you would have work up until the end of your contract. You were given no reason to think otherwise. He should have brought up any concerns with the additional time off, and any implications it might have in the future. When you took that time off, you adhered to his requests. You can not be punished in retrospect for something you were not made aware of at the time.

I have no experience with Korea yet, so I can't be any help in that regard. But, it definitely sounds like a shitty situation. All the best luck.
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litebear



Joined: 12 Sep 2009
Location: Holland

PostPosted: Tue Jun 07, 2011 5:52 am    Post subject: Reply with quote

PEIGUY wrote:
So I told my boss that I didn't want to finish on the 10th and he sent me this e-mail:

Personally I don�t understand what is so big deal with it, but as you are so picky about the niceties, I�ll do the following.



(1) I�ll try to find a way to keep you busy if I get to keep you for extra 11 days

(2) I�ll have to assess the loss incurred by days of absence in the middle of the semester, and then file complaint with the legal authorities. As you are withdrawing your agreement, I have to withdraw my agreement to let you have work days off while the semester is in progress. I am not sure what impact this will have on your last pay and retirement benefit.


I was absent for 2 weeks. One week (4 days) I had a paid substitute come in and teach for me and the 2nd week I was on my honeymoon (both of which were not in the contract but the boss agreed to give to me.) I used that time as vacation time and was paid in full.( a good chunk of the money paid for my substitute the 1st 4 days) so in a sense if he took out those days then he would owe me vacation time. However, I'm concerned about #2.. any thoughts as to my next move? Could he rescind something after it has already happened? Funny how he wants to keep me busy but had no problem paying his teachers to desk warm before. Technically, he gave me 3 extra paid vacation days that were not in my contract so I could only work 8 extra days if he wanted to rescind those vacation days.

Edit: He sent me another e-mail about 30 minutes after the 1st one:

______ the more I think about this, the more maddening it gets. I should have adhered to the minute details of all employment rules. Now it is a good time to straighten things out down to the minutest details. However long it takes and how complicated it can be, I won�t bend for anything. Remember this. Let�s go for the hard way.


Ooft, this looks like it's gonna get worse before it gets better. By any chance do you have anything on paper or in an email from him about letting you have those days off?

I'd stick to your guns. Tell him you wont leave early unless he gives you the severance early. You're on an F2 so no worries about time pressure if it goes to the labour board.
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PEIGUY



Joined: 28 Mar 2004
Location: Omokgyo

PostPosted: Tue Jun 07, 2011 5:56 am    Post subject: Reply with quote

litebear wrote:
PEIGUY wrote:
So I told my boss that I didn't want to finish on the 10th and he sent me this e-mail:

Personally I don�t understand what is so big deal with it, but as you are so picky about the niceties, I�ll do the following.



(1) I�ll try to find a way to keep you busy if I get to keep you for extra 11 days

(2) I�ll have to assess the loss incurred by days of absence in the middle of the semester, and then file complaint with the legal authorities. As you are withdrawing your agreement, I have to withdraw my agreement to let you have work days off while the semester is in progress. I am not sure what impact this will have on your last pay and retirement benefit.


I was absent for 2 weeks. One week (4 days) I had a paid substitute come in and teach for me and the 2nd week I was on my honeymoon (both of which were not in the contract but the boss agreed to give to me.) I used that time as vacation time and was paid in full.( a good chunk of the money paid for my substitute the 1st 4 days) so in a sense if he took out those days then he would owe me vacation time. However, I'm concerned about #2.. any thoughts as to my next move? Could he rescind something after it has already happened? Funny how he wants to keep me busy but had no problem paying his teachers to desk warm before. Technically, he gave me 3 extra paid vacation days that were not in my contract so I could only work 8 extra days if he wanted to rescind those vacation days.

Edit: He sent me another e-mail about 30 minutes after the 1st one:

______ the more I think about this, the more maddening it gets. I should have adhered to the minute details of all employment rules. Now it is a good time to straighten things out down to the minutest details. However long it takes and how complicated it can be, I won�t bend for anything. Remember this. Let�s go for the hard way.


Ooft, this looks like it's gonna get worse before it gets better. By any chance do you have anything on paper or in an email from him about letting you have those days off?

I'd stick to your guns. Tell him you wont leave early unless he gives you the severance early. You're on an F2 so no worries about time pressure if it goes to the labour board.


I did fill out a request form. I never copied it but i'm sure it'd be on file. By the sounds of his 2nd e-mail that won't happen. Does the 2nd e-mail sound like a threat to anyone? I'm leaving for Canada on the 23rd..(i'm coming back 2nd week in July) gonna be a fun day at work tomorrow.
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