Korean Job Discussion Forums

[jondepoer]

Hey Guys,
Thanks for all the great advice and info. Update:::

She confronted the boss, recording everything, and 2 days later he registered her with pension. She gave him a letter of resignation anyway, which he immediately ripped up in front of her. Yesterday,she quit her school, and started work today for a much more highly-regarded school, and plans to do the Japan run. NOW, she gets a phone call saying that her boss is putting a black mark on her E2, or something that forbids her to get another E2. Her new boss seems worried, and she is freaking out about being deported. She has much more 'dirt' on him (no OT pay, working extra hours for taking a sick day, no breaks during a 9.5 hour day, and the late registration for med and pension), but how much pull does he have? What are her options??

[ghostrider]

[schwa]

[jondepoer]

She found another school that wanted to hire her, and gave her boss the resignation letter (after verbally resigning a week ago), in which he ripped up in front of her. There is a 15- day window you can work before notifying immigration, in where she is getting new docs and then going to Japan. Yes, her contract probably says 2 weeks or 1 month notice is required, but is this likely to have repercussions after all the illegal stuff the boss has been doing? (Teachers working there for up to 10 months without being registered for medical and pension despite paying for it.)

[Troglodyte]

As a preemptive measure, she should report him to the labor board. If she had done that before quitting she could have much more easily just transferred her visa without going to Japan. She could probably try it now but since she's already quit i don't think they'll let her transfer.

Note that if she plans on doing a visa run to Japan for a new E2 visa, then legally she's not allowed to be working until she gets the visa. Legally anyway. So she should keep quiet and not tell her friends or co-workers about what she's doing until after she has the new visa (and even then it's better to just not mention it).

I don't really see what her boss can do to stop her getting a new visa. It's not illegal to quit. It's not even illegal to quit without advanced notice. It's possible that there is some kind of clause in her contract that stipulates some kind of penalty if she doesn't give notice, but I'm not sure even sure if it would hold up in court. It definitely wouldn't keep her from getting a new visa. Immigration might tell the new school that she left the job early, but if they already know, it's no big deal. All the same, she should report her boss to the labor board. It helps ensure that he doesn't try to make problems for her.

[ttompatz]

[jondepoer]

Another update:

After spending Friday at immigration with her new employer, she was updated on her current status:

The old boss called immi and complained enough about her (making most of it up, obviously, as she has done nothing contractually wrong), so much so that he first cancelled the visa, but also blacklisted her!! She is unable to get another E2 for a year, as well as being unable to enter the country as a tourist for a year.

Is this even legal/possible?! I've advised her to contact legal services, but she only has 1.5 weeks left in the country before being deported. I never thought a simple situation of quitting her job would come to this... I'm beyond words.

Has anyone else heard of this kind of disaster??

[YTMND]

[plchron]

She can sue her boss for defamation, get a G1 visa, and proceed with or drop the charges later. The boss is not able to blacklist anyone (maybe he has a family member in immigration), Since she has not been charged with a crime, she is not going to be denied a tourist visa. Whoever told her this is BSing her.

[ghostrider]

She could try reporting her boss to the labor board for not paying her. She can do it online:
http://forums.eslcafe.com/korea/viewtopic.php?t=219464

Immigration may allow her to stay longer in order to resolve the issue, and a labor board ruling in her favor will likely make it easier for her to get another E-2 visa.

[jondepoer]

Thanks for the info. I know that what he is doing is wrong and illegal, but she is getting absolutely nowhere at immi, or the labor board. She went to Seoul immi yesterday, got told no to everything (tourist, d10, e2), and then sat there until they walked away from her.

She then went to the labor board in Incheon (the school is in Incheon), and with a phone translator, the woman said there was nothing they could do for her there either. She even spoke to the persecutor, who said that since she hasn't been here for over 6 months, they can't help her.

I know what she is being told is a line, I can't be there to help her (I have to work), and I know she is getting really depressed over this. Is there a 'key word' or someone she can call that will bring about the truth?

[ontheway]