Korean Job Discussion Forums

[ddseoul2003]

Situation as it stands now:

Fired tonight without notice!!!!!!!!!!!! They tried to get me to sign something saying this was my last day at work and give me money and rush me out the door. I told them to give me the weekend to think about it. I am 10 days short of 5 months of a 1 year contract. They are offering release letter and payment of wages due only up until today. In my contract it states that I am to be given 30 days notice. It also states that I am responsible to pay airfare for visa run if I quit. I did not. They threatened to charge me for the visa run expenses. I begin vacation tomorrow and I believe they are trying to get out of paying me for vacation days and the 30 days wages by attempting to scare me into signing something. What are my rights and what are they legally bound to give me? Can I pursue payment of vacation days not taken and 30 days wages? If I do pursue this, then what are the chances of me actually getting the money (this is Korea)? I leave for vacation tomorrow...should I stay and work this out before leaving or just go on vacation and deal with it when I return in 2 weeks? Their pretext for firing me was I was taking more than the alotted vacation time (bullshit, haven't taken 'em yet...)

Basically, what can I do under the circumstances and who can I turn to for sound advice and representation? Should I pursue this or take my unpaid wages until now, settle with them and leave?

I appeal to my fellow teachers..are they scared? Do I have them?

In need of quick and sound advice...

[crazylemongirl]

check back on your first thread

check out efl-law

CLG

[jlb]

Basically you're screwed and should consider yourself lucky to even get the wages up until the day you worked. I've been through the same thing too and the only thing that made my situation better was that I had worked at the place 9 months and not 5.

According to Korean labor laws, 6 months is the magic number. Anytime before that, you have no rights, no legal recourse....nothing!!! Don't even waste your time fighting your school through the labor board.

I'm no lawyer and of course check with efl-law.com but you could maybe get a lawyer and fight your school through civil court....they are the ones that deal with contract disputes. This would be a complete waste of time, imho.

Take your release letter and consider yourself free. You're lucky they're giving you that willingly...a lot of schools wouldn't.

[margaret]

I'm also no lawyer but it seems with your release letter you are legal to find other work, which should be a lot easier than fighting . The fact that you're in Korea now makes you more attractive to another employer. I should think you would be able to negotiate with a new employer would be happy to pay for your visa run and/ or return airfare. Good luck.

[Mr. Pink]

I'd also suggest as soon as you get that release letter, contact immigration and see about extending your stay a bit so you dont have to waste money on going to japan and then coming back.

[Gord]

[Derrek]

First of all, forget about getting any vacation-day money.

Second, write EFL-Law NOW.

Third, tell your school that if they are getting rid of you, you are not responsible for visa-run expenses (I'm assuming you were never reimbursed for the visa run you did 4 months ago?? You were talking about that, right?). You will sign a letter that says, "We are firing you because _____", and you will accept the pay they said, as well as reimbursement for expenses.

If they agree to reimburse you for the run, take the money, your release letter, and get a new job. Inform immigration you have been let go and show them the release letter. Find a new job (don't ask for vacation money).

If they won't reimburse you, just say, "I'm not accepting or signing anything. My contract states that I am to have 30 days notice. I am going to involve the Labor Board, and they can sort it out."

Use your best, most confident, "Poker Face". Don't say it in anger. Say it as if you confidently are intending to do it.

The mere fact that they tried to rush you out the door is an indication that they feel they desperately need to get rid of you NOW. Maybe they have another teacher they want to hire. Making them sweat over it a few days could ruin the deal for them...

Either they will cave and meet your reimbursement demands (after a few days of sweating-- not immediately), or they will become known to the Labor Board. Believe it or not, many Korean owners are scared of this involvement. It can bring a host of problems for them, and even uncover some illegal activities that they have been engaging in (avoiding taxes, etc.). Or at least they will fear it will. And MOST hagwons have some, or a lot, of illegal stuff going on. If they are selling the hagwon, for example, previous problems mediated through the Labor Board might be a determining factor in how much they can get for their school (a school with no problems is worth more to someone buying than a school with a bad history). It may even kill the deal.

What have you got to lose? You can still be looking for work. You will have to get out of their place anyway. You will need to wait maybe 20 days to get heard by the Labor Board, but I hear it's worth it in many cases.

Even if you are fired in under 6 months, I believe you still have rights agreed to in your contract. Maybe you'd be waiting 20 days to find out that you don't have any rights -- who cares. My point is, you were planning vacation anyway, and you can scare them into doing some more just to avoid problems. At the very least, you are giving them the big ol' finger and saying, "You can't control me."

But that's just me. And I'm a total angry bastard when it comes to people trying to screw me.

[rapier]

"Taking too much vacation time!!!" thats a new one on me...and so typical of them to throw it in your face suddenly on the eve of your departure. They lie awake at night thinking of the best way to s***w someone over- its almost a national sport.
If you have the motivation, anger and willingness to go through a lot of twists and turns to make your point, I believe you can suucceed with the legal option. I'd have to admit that I'd lack the energy and be grateful for the release letter, money owed, and move on....

[princess]

This may be a dumb question, but what exactly does a release letter say? Does it say something along the lines that you are recommended for future emplyment with no hesitations and that you fulfilled your employment agreement?

[shawner88]

What are you whining about? This is a blessing. You get all your money up tp date and can work anywhere you want now. Relax! Live in your apartment until you can get a new job.

[TECO]

"I am no lawyer" either but it sounds like you don't have a legal leg to stand on.

Take the money and letter and go work for the English school across the street.

[Juggertha]

[rapier]

Further to TECO's advice:

"work for the hagwon across the street, and take your old students with you"

[prairieboy]

Actually, what Rapier and TECO suggest is quite good if you are wanting to stay in Korea.

I did something similar and now work at a competitor hagwon less than a block from my old hagwon. I wasn't fired but my contract was finished and I had the freedom to work where I wanted to.

Several of my old students have seen me walking around and I can tell they are confused because they haven't seen me working in my old hagwon. It's only a matter of time before they realize I'm at the competitor and a few of those who really liked my teaching style will move over (definately not anywhere close to all, but maybe one or two and that's enough).

It's a perfectly legal way to get revenge...as long as it works out well with the new hagwon.

Cheers