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jcm87
Joined: 19 Jan 2010
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 Posted: Wed Jun 05, 2013 9:05 pm Post subject: |
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| CentralCali wrote: |
| jcm87 wrote: |
| Since I have held up my end of the deal, can't I expect him to hold up his end of the deal? |
In short, no. But I'm only basing that on my opinion of someone who will illegally withhold an employee's entire salary for three months or more after the end of employment and my (fact-based) opinion of an employer who runs the IC scam.
By the way, what's your plan at the end of three months? You're going to owe your new boss five thousand dollars and I have serious doubts you'll be getting that deposit back after three months from the landlord. Heck, if you do luck out and actually get that letter of release, you'd be better off staying at a haksujip (sp?) or goshiweon for the duration.
Oh, I forgot to mention something. "Over the phone" is absolutely meaningless. If it's not written, signed, and tojanged, it's nothing. There are no verbal contracts, no verbal agreements. The only thing that matters is what's written, signed, and tojanged. |
It was in an email though. The subject was 'agreement' and the contents of the email were the details about how I'd get my LoR (including the bit about having my pay withheld by the school).
Why do you think I'll lose the 5 million won? If I have 3 months I should be able to find another tenant for the apartment, right?
Worst case scenario and I didn't and I lose the 5 million won...I still made at least 15 million won this summer (maybe more, I'm not sure how the last two weeks of my contract work). That's better than China.
Now, here's my last question (and possibly my most important). Is my boss withholding my pay and the money owed to me illegal? If it is, can't I use that as leverage against him? Couldn't I threaten to report him to the labor board if he refuses to give me the LoR (at which point he will back down and give me the LoR)?
Thanks again so much for your help. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Jun 06, 2013 4:29 pm Post subject: |
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| jcm87 wrote: |
| So now there's a dispute over the apartment. In the contract I signed with the new school I get housing and they told me I could stay in my current apartment. My old school wants to get rid of the apartment for whatever reason (since the time I moved in they've found cheaper housing) and my new school doesn't want it because of the lease. My contract with them is only for three months and the landlord wants a six month lease at least. Earlier I had made the mistake of giving my new school's number to the old school for the apartment stuff and somewhere along the way they told the new school they haven't given me the release letter. My guess is that they just don't want to deal with any of this because they called me in to talk about me not having the release letter rather than the apartment. If the new school tries to break contract with me am I entitled to anything at all? Maybe a little compensation? |
Hold on here.
Am I missing something or did you sign on with a new school while still under contract with the old school?
Because if that is the case the labor board may assess YOU penalties for violating the contract if the old boss pushes for it.
And if that is so I think you are best off trying to get a LOR and keeping quiet about everything else. Both of you have left yourself open to claimed damages. |
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jcm87
Joined: 19 Jan 2010
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| Posted: Fri Jun 07, 2013 10:20 pm Post subject: |
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| TheUrbanMyth wrote: |
| jcm87 wrote: |
| So now there's a dispute over the apartment. In the contract I signed with the new school I get housing and they told me I could stay in my current apartment. My old school wants to get rid of the apartment for whatever reason (since the time I moved in they've found cheaper housing) and my new school doesn't want it because of the lease. My contract with them is only for three months and the landlord wants a six month lease at least. Earlier I had made the mistake of giving my new school's number to the old school for the apartment stuff and somewhere along the way they told the new school they haven't given me the release letter. My guess is that they just don't want to deal with any of this because they called me in to talk about me not having the release letter rather than the apartment. If the new school tries to break contract with me am I entitled to anything at all? Maybe a little compensation? |
Hold on here.
Am I missing something or did you sign on with a new school while still under contract with the old school?
Because if that is the case the labor board may assess YOU penalties for violating the contract if the old boss pushes for it.
And if that is so I think you are best off trying to get a LOR and keeping quiet about everything else. Both of you have left yourself open to claimed damages. |
Yeah I did. Could have been a HUGE mistake. I had no idea it'd be a problem. The new school didn't tell me I had to quit first, they just told me to sign the contract, which I wanted to do to get tied down there (in case my old school went nuts and I had to deal with problems it would be harder for the new school to get rid of me). I didn't think it was illegal, they just told me to get the release letter. I told my new school later that I notified my old school after signing the contract (I told them I didn't want to notify my old school until I'd signed the contract) and they didn't say anything about it. Heck I even told my old school when I quit that I had just signed a new contract with the other school. In retrospect it was a HORRIBLE idea that could have resulted in them asking for damages from me. Luckily that didn't happen.
The interview went great with my friend and he is getting hired there. At first they told me I'd get the LoR when he signed the contract with them, which they had scheduled for Monday. They told me if I could get him to sign the contract on Friday that I could get the LoR then (I asked if I could get it on Friday). They told me the LoR wasn't contingent on the apartment. Then they called me back five minutes later (after my boss consulted his wife, who really runs everything behind-the-scenes) and changed their minds, saying I'd get the LoR after the apartment but that the LoR no longer depended on my friend signing the contract (of course getting my money back is still contingent on this). The plan was that my new school would take care of the paperwork on Saturday and that I'd get my LoR then.
Today I get a text from my new school saying the lease would get signed on Monday. I was taking a nap and so I hadn't called my old school back yet. My old school called me and asked what was wrong (the lease not getting signed that day) and I told them I just heard it would be on Monday. My boss then says he is inclined to have to lock me out of the apartment until they get their lease. I remind him that I am doing everything as fast as I can because I need that LoR and he seemed satisfied. Then he went on and on about how the realtor was going to "get their revenge" because the realtor didn't know anything about it (my new school went through the landlord to avoid having pay the realtor). And also about how many problems I would have in three months when I tried to find another tenant (with the depressed real estate market and the SAT cheating scandal, apparently not many test-prep teachers will be coming this fall). But I again reminded him of how badly I needed the release letter and he seemed satisfied.
Then I got a call back from him in ten minutes. He said in more words or less that his wife believed that I had made everything up since I hadn't volunteered the information (my new school texted me right before he called me) and that on Monday if they didn't have their deposit back and the lease signed over to us that I would be locked out of my apartment, that they would call immigration on me, and that a new teacher would move in. This really annoys me because earlier he said he didn't want the apartment (back when we were negotiating the apartment and I suggested that I move out and give the apartment back to them so my new school wouldn't have to pay the deposit he said no and that they didn't want the apartment). My new school insisted though that they would take care of everything on Monday. I sure hope they do.
I'll write about what happens on Monday and thanks again for all your help. |
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