Korean Job Discussion Forums

jjk · Posted: Tue Feb 07, 2006 9:19 am Post subject:

I'll write the letter tonight, and get it translated and sent tomorrow. I'll put all of the points about tax and pension in it. Also I'll add the document request.

As for immigration, we don't need a visa extension, as the current visa is valid until December 2006. What I want to knwo is since we have the valid visa, and the Letter of Release is post dated to take effect from March 1 2006, can my current school contact immigration and cancel/withdraw it? I know the threat of the law suit is more serious, but at least it would clear up the immediate issue of who we are working for/getting paid by in 3-4 weeks time!

If the 'new' school submit the visa processing, but we don't activate it, will the current visa be cancelled come March 1, as this was the date we are released from in the LOR we want to cancel!

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

Just one other point. Do they(School X) have your passport and ARC? If not, I don't see how they're going to finalize anything at immigration. They may have a photocopy of each, but they do not have the two most important docs required. Worry less and go get your docs from the idiots, and be careful next time.

ontheway · Posted: Tue Feb 07, 2006 9:33 am Post subject:

jjk,

Your boss should call Immigration and talk to them. Tell them your story: that you don't want to break the law. So, you've all decided to continue at your current school. Maybe you can stop the processing. It would be a disaster if your current visa was cancelled and you had nowhere to go.

J.B. Clamence · Joined: 15 Jan 2003

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

JBC, you may be right. However, I thought there was more invovled, especially when someone is changing jobs. Isn't the current E-2 sponsor contacted? I know what you're saying about the confirmation of visa issuance, but it's not exactly the visa yet. I had to do a change once because of a lying place, and there was a lot involved as I already had the visa in my passport. That is, the Boo-sahn immi people actually came and investigated things a bit...it wasn't that easy for me to change even when I had the letter of release in my hands. Granted, that was about six years ago. I guess the best thing to do is to get immi involved sooner than later, as others have mentioned. If it has actually gotten that far, the original boss will have to do some explaining. Although I do understand a bit of their negative attitude, I still think School X is bluffing. I guess we'll have to wait and see.

Big Mac · Joined: 17 Sep 2005

I would be very careful about writing a letter to them. If they do follow through with their threats to sue you, they could use the letter as evidence against you. Do it all verbally, that way they have no record of what you have said to them.

I think it's also a good idea to point out that their willingness to ignore tax and pension laws concerned you and that it is something you would bring up in a potential lawsuit. But tell them that verbally.

You've already asked several times for your documents back. They're playing hard ball with you...I wouldn't feel guilty about filing a police report on them. Warn them verbally that it will be your next step.

You did do something you shouldn't have by signing a contract and pulling out. But it sounds like this guy is not the type of person you want to work for anyway. Maybe you should have realized that before you signed, but it's all water under the bridge now.

It might be worth your while to consult a lawyer to find out whether anything you have done makes you negligent.

jacl · Joined: 31 Oct 2005

Don't write a letter! Just go get your degree. Push them out of the way and get it. Tell 'em to FO if they give you any trouble and be done with it. Be nice at first, of course. If they don't respond to Mr. Nice Guy, turn into the Hulk.

"They're going to sue me" Oh, no! Give me a break. Don't make a mountain out of a molehill.

jjk · Posted: Tue Feb 07, 2006 4:04 pm Post subject:

My director told me that they have already contacted immigration and cancelled the letter of release (yesterday) but they just hadn't told me about it. They are very surprised about the continuing mention of lawyers from the 'new' school, as they had a lon conversation with the director at theat school, and he eventually agreed to let us stay at our existing school.

We'll be paying a visit to the new school today, with a Korean witness, to try and get our degree papers etc back. Fingers crossed.

Thunndarr · Joined: 30 Sep 2003

BigBlackEquus · Posted: Tue Feb 07, 2006 7:36 pm Post subject:

Re-read my post again. You read my post before I edited it an reposted it (I misunderstood your original post, and realized that, then made a quick correction). You must have been writing while I changed it, as it didn't even record the edit.

JBC, for an E-2 to be valid, the new school still has to have your passport and apply for the E-2. You still have to take a trip out of the country, and you still would need to get your ARC with the new school.

The new school is bluffing.

Most importantly, they have no damages. There is more than sufficient time for them to find a new teacher. Over a month! It's hard to prove damages when there are none.

They would be wasting their money on a frivilous lawsuit, and they know it. The best thing you can do is to remind them of this truth in a kind manner as you give them written request for your documents, with a notation that a copy of your request has been filed with the police.

J.B. Clamence · Joined: 15 Jan 2003

spinner · Joined: 24 Jan 2006

I'm sorry but you're wrong.

If your boss has already signed a letter of release for you to go work at another school then they hire you and have contracts signed you don't turn around and decide "woopps sorry we are going back to our old employer" that's

A) against the law in Korea and immigration may have you deported.

b) morally it's wrong.

You don't decide anything of that stature after you sign a contract with another school. You better hope their lawyer doesn't take you to court and bound you by that contract or it's going to be one helluva year of hell for you my friends.

Not only that anytime immigration has to get involved in squabbles like this the end result is you getting deported. Remember a signed contract in Korea is not just about business it's about honour, and you guys are just going to have to take this as a lesson learnt and never do it again. Your boss is very crooked to even think of trying to get you guys out of another contract he may also be subject to liablity. If I were you I would apologize to the school that you signed with and tell them you were drunk or stoned (not literally) and live up to it. If you don't like it after sometime see what you can do to try and reach a mutual agreement, but don't stiff people who had good intentions. That's like preying on the innocent and then just doing what's best for you. That's also very selfish and very unprofessional. Tell your old boss sorry but I already made a commitement elswhere.

That's the right thing to do.

jinju · Joined: 22 Jan 2006

J.B. Clamence · Joined: 15 Jan 2003

jinju, the problem is that the new school has a signed contract, copies of their passports, and maybe the letter of release (the OP has not clarified whether or not the new school has this). If they have it, they (the new school) can go to immigration and get new visas for these two teachers, thus cancelling the old ones. That indeed would be a big problem.

spinner · Joined: 24 Jan 2006