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Troglodyte
Joined: 06 Dec 2009
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 Posted: Tue Jun 16, 2015 3:45 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| teecee wrote: |
| Troglodyte wrote: |
| teecee wrote: |
| Hi, I'm in a bad situation. My boss hasn't paid me for over a month. I struggled to pay my rent the first month, and now I'm facing another month having to dig into the couch for change. I told my boss I wasn't coming in on Thursday (which was payday) if she didn't pay me. She didn't pay me. I didn't go in Friday also. My boss owes me about 4 million won. Now I've received word she has canceled my visa. What can I do? |
You have made a mistake in not coming in to work. Although your boss still owes you back pay, it might also be understood that you have quit.
I recommend that you remedy the situation as follows.
-Go to the LB first thing in the morning and file a complaint that you haven't been paid.
-DO NOT say that you refused to go to work on Thursday and Friday. If the topic of you missing work comes up, say that you were sick and that you informed your boss of it.
If you file a complaint and THEN get fired, you will almost certainly get permission from immigration to transfer your visa.
If you have worked for at least 6 months, you need to be given 6 months notice. If you have worked for less than 6 months, your boss doesn't need to give you advanced notice but they DO need a justified reason. If you have filed a complaint at immigration for not having been paid, the LB will assume that you've been fired in retribution for going to the LB. That's a big no-no in their eyes so they will almost certainly consider that you've been fired without justification.
How do you know that your visa has been canceled? How did you receive word? If you've been fired, your boss has to actually inform you of the fact.
If you haven't already done so, you should change the lock on your door (or the combination if it's an electronic lock). Chances are that your boss has a key or that she can get one from the landlord (since the apartment is likely in her name). |
Thanks for the info Troglodyte. I have been told by other co-workers that they were informed that my visa has been cancelled. Yes, I've worked there more than 6 months. I will go to the Labor Board real quick and get that process started. |
I would also recommend that you don't talk to your co-workers or anyone else connected to the school about the missed work last week. In Korea, an audio recording (even if you weren't informed of it) is admissible evidence in court. If anyone does ask you about it, you were sick. Very sick. You called your boss and told him that you were sick.
If you get fired for being sick, the LB will also give you their approval for a visa transfer.
It's highly unlikely that your boss would be able to cancel your visa on the weekend. It's possible that he did it on Thursday or Friday but even if he did then it's just his word against yours about whether or not you quit (unless your wrote him an email or text message, or if he recorded your phone call). If you did leave a trail, it's still not the end of the world because you didn't actually quit. You just didn't go to work. The boss might be able to fire you for that but not necessarily, and definitely not without giving you 30 days notice. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Tue Jun 16, 2015 3:51 am Post subject: Re: Boss hasn't paid, is allegedly canceling visa |
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| Chaparrastique wrote: |
| teecee wrote: |
| Chaparrastique wrote: |
A D10 takes 3 weeks.
Afaik you should be able to get one only if you first file a complaint with the labor office. |
A D10 requires a letter of release though from a boss and I doubt I will be able to get that. |
You don't need a letter of release if you file a complaint with the labor office first. I'm told that they give you a piece of paper that you include with your D10 application.
If you get a D10 then you will not need new documents, of course. |
It has to be a legit complaint (in the opinion of the LB guy you talk to). If you haven't been paid for 2 months, it is definitely legit. If you get fired without 30 days notice (if you've been there for more than 6 months) it's legit. If you get fired AFTER going to the LB with any complaint then it's almost certainly legit. If you get fired for calling in sick and refusing to work while you're sick, it's almost like legit (depends on the details).
So, in the OP's case, he'll get the approval of the LB for a visa transfer but just for others to know, filing a complaint doesn't in itself guarantee you a visa transfer. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Tue Jun 16, 2015 3:55 am Post subject: |
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| Smithington wrote: |
Another thing is this: a D-10 is attractive to employers. It says that you are here and your documents are ready and already approved by immigration. Another bonus in their eyes is they don't have to pay for your incoming flight.
Essentially, when you get a new job it's simply a matter of an E-2 transfer. No new criminal checks, notarized documents, etc. It's the best development kimmi has done in the ten or more years I've been here.
When posting your resume on this site or worknplay be sure to put "E-2 visa transfer" at the top of the page.
Keep us updated, bro. Hopefully you will bounce back quickly. |
On a related topic.
You don't necessarily need to get a D10. If you get a good job offer really quickly, you can also just do a direct transfer of your E2 visa to the new employer. It saves time and a little cash. In the OP's case, he's probably better off getting a D10 because he's pretty much on the job market NOW the D10 would give him more time to do a job search. Still, if he's already job hunting and happens to have received a nice offer, a direct transfer is an option. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Tue Jun 16, 2015 10:08 pm Post subject: |
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| True, but a D-10 provides peace of mind. It's worth the few dollars it costa, even if a job turns up in a couple of weeks. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Tue Jun 30, 2015 3:36 am Post subject: |
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| teecee wrote: |
| Smithington wrote: |
Another thing is this: a D-10 is attractive to employers. It says that you are here and your documents are ready and already approved by immigration. Another bonus in their eyes is they don't have to pay for your incoming flight.
Essentially, when you get a new job it's simply a matter of an E-2 transfer. No new criminal checks, notarized documents, etc. It's the best development kimmi has done in the ten or more years I've been here.
When posting your resume on this site or worknplay be sure to put "E-2 visa transfer" at the top of the page.
Keep us updated, bro. Hopefully you will bounce back quickly. |
Thanks for the encouragement folks. I will keep you posted. |
Any update? |
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teecee
Joined: 18 Feb 2010
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| Posted: Thu Jul 23, 2015 9:17 pm Post subject: Update |
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Visa is being converted to D10, and possibly it will be an E2. Boss on the hook for about 4.5 million won.
Again, don't let bosses push you around. You have rights and you have choices. |
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motiontodismiss
Joined: 18 Dec 2011
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| Posted: Fri Jul 24, 2015 8:25 am Post subject: |
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| Bongotruck wrote: |
OP sorry to hear about your troubles but good on you for telling your boss where to stick it.
Is the school actually in trouble or is he spending it all on hookers and blow? |
Probably the former because of the latter. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Sun Aug 23, 2015 10:03 pm Post subject: |
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OP, did you get the D-10 thing worked out? Did you get the $$ owed from your school, or are you having to take legal action in that regard?
After all is wound up you should name the school so no-one else emds up there.  |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Nov 29, 2015 4:44 pm Post subject: |
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| Smithington wrote: |
OP, did you get the D-10 thing worked out? Did you get the $$ owed from your school, or are you having to take legal action in that regard?
After all is wound up you should name the school so no-one else emds up there. |
Hey folks, just a final update. I got the D10, I got the money from the boss, and the school is Spoken Language Symphony in Gangseo-gu. |
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Fallacy
Joined: 29 Jun 2015
Location: ex-ROK
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| Posted: Sun Nov 29, 2015 5:40 pm Post subject: RE: Boss hasn't paid, is allegedly canceling visa |
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| teecee wrote: |
| Hey folks, just a final update. I got the D10, I got the money from the boss, and the school is Spoken Language Symphony in Gangseo-gu. |
Congratulations! Please come back here and explain the details in a later post when you have the time. This should be very instructive. |
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teecee
Joined: 18 Feb 2010
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| Posted: Mon Feb 29, 2016 10:12 pm Post subject: |
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| I wanna add one further relevant note. After I posted that I got the D-10, I found a job. However, for whatever reason (I'm guessing coz I walked out of a job) when I went to Immigration to convert the D-10 over to an E-2, they told me that there was a problem and that I would have to wait. They contacted the employer I am now starting with, as well as the employer which didn't pay me. I was in limbo from December 31 until February 23 when Immigration told me they were granting me the E-2. I believed I would finally get the visa because when I went in to switch over, we told Immigration all the facts about previous boss' failure to pay, as well as her Labor Board-compelled payment of unpaid wages. That said, I just want you to know it's not easy if you decide to do what I did. |
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