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Banned in Neighborhood?
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Fri Sep 26, 2008 6:04 am    Post subject: Banned in Neighborhood? Reply with quote

I am leaving hagwon after end of contract and I was told not to look for job in same neighborhood. As long as I did they would give me a good reference. Has this happened to anybody? Whats everybody's advice? Confused
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Join Me



Joined: 14 Jan 2008

PostPosted: Fri Sep 26, 2008 6:10 am    Post subject: Re: Banned in Neighborhood? Reply with quote

I-am-me wrote:
I am leaving hagwon after end of contract and I was told not to look for job in same neighborhood. As long as I did they would give me a good reference. Has this happened to anybody? Whats everybody's advice? Confused


I'm sure their fear is that you were well liked and if you work in the neighborhood some of your former students may follow you to your new school.

Why not take the good reference and move to a different neighborhood? Is it worth pissing off your ex employer (and having the headache of them bad mouthing you in the future) just to stay in the neighborhood you are in now?
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Fri Sep 26, 2008 8:58 am    Post subject: Reply with quote

Some private institutes have clauses written in their contracts to keep you from working for another place within a certain distance.
If you make an agreement, stick with it... because you will lose in court if it ends up there.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Fri Sep 26, 2008 9:40 am    Post subject: Reply with quote

crescent wrote:
Some private institutes have clauses written in their contracts to keep you from working for another place within a certain distance.
If you make an agreement, stick with it... because you will lose in court if it ends up there.


Such a clause is a joke.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Fri Sep 26, 2008 10:26 am    Post subject: Reply with quote

I have lived in same place for over 3 years and know a lot of people. Its also very convenient to everything. I can understand about them not wanting competition, but I dont think I need to move across town. And if pay is better...why not?
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Fri Sep 26, 2008 10:42 am    Post subject: Reply with quote

I-am-me wrote:
I have lived in same place for over 3 years and know a lot of people. Its also very convenient to everything. I can understand about them not wanting competition, but I dont think I need to move across town. And if pay is better...why not?


Then ride with that. No worries. Ride on.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Fri Sep 26, 2008 11:41 am    Post subject: Reply with quote

Hogwans give good references? Don't bet on it. If you have a good rep in your neighborhood, the next hogwan director knows it and will offer you a contract with or without your old director's reference or approval.

But as stated, read the fine print.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Fri Sep 26, 2008 5:07 pm    Post subject: Reply with quote

yingwenlaoshi wrote:
crescent wrote:
Some private institutes have clauses written in their contracts to keep you from working for another place within a certain distance.
If you make an agreement, stick with it... because you will lose in court if it ends up there.


Such a clause is a joke.


You've never heard of a "non-compete" clause back home? They're pretty common in technical fields. I wouldn't say teaching is a technical field, or even on par with one, but I can see why they do it.

I would understand completely if the school that trained me, allowed me to get my feet wet, build a good reputation with students and parents, etc, would be unwilling for me to go to a rival school in the same area and possibly take their business away. It makes perfect sense.
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prideofidaho



Joined: 19 Mar 2008

PostPosted: Fri Sep 26, 2008 5:26 pm    Post subject: Reply with quote

Non-competition clauses usually stipulate that you cannot work for a direct competitor. I've signed them in the past and have left the industry as a whole when I quit. I've never heard of such a thing as 'don't work in my neighbourhood'. Seems a bit ridiculous to me too.

This isn't Hollywood in the 30s...your boss can't rightfully say 'you'll never work in this town AGAIN!'. Come on.

OP, would it bother you to commute to work? Most people do, and I personally don't find it to be a hassle. I like working somewhere other than where I live. You wouldn't have to move this way...
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Fri Sep 26, 2008 5:40 pm    Post subject: Reply with quote

prideofidaho wrote:
Non-competition clauses usually stipulate that you cannot work for a direct competitor.


Hagwons in the same neighborhood are the direct competitors you wouldn't be able to work for. If the OP wants to work in the same neighborhood, he would be working for a direct competitor.
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prideofidaho



Joined: 19 Mar 2008

PostPosted: Fri Sep 26, 2008 5:48 pm    Post subject: Reply with quote

Right, but I find it weird using that kind of clause in an hagwon. There are thousands in the city alone. How can you make the distinction between one in the same neighbourhood and one a few kms away? It's not the same as direct competition clauses back home. They're usually for big businesses, not little enterprises that are a dime a dozen.

Plus, if these clauses really did stand up in court, what would happen? We'd have a one-contract chance in this country. Doesn't make sense.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Fri Sep 26, 2008 6:03 pm    Post subject: Reply with quote

prideofidaho wrote:
Right, but I find it weird using that kind of clause in an hagwon. There are thousands in the city alone. How can you make the distinction between one in the same neighbourhood and one a few kms away? It's not the same as direct competition clauses back home. They're usually for big businesses, not little enterprises that are a dime a dozen.

Plus, if these clauses really did stand up in court, what would happen? We'd have a one-contract chance in this country. Doesn't make sense.

As has already been said, these clauses are no different than non-compete clauses with tech companies back home. Whether they specifically ban working for certain companies, or companies within a certain radius, their purpose is the same and enforceable.

Everyone knows the ESL market is dependant on location. No one is going to travel 2 hours by bus to go to an institute. Companies located in the same area compete for students.
Their effect on our choices of workplaces is negligible. So you can't work in the same Dong. Big deal.

http://www.korealawblog.com/entry/flash_non_compete_covenant_may_require_compensation
Quote:
The recent case concerned teachers at a private �cram school� in Seoul who left employment and took jobs at a nearby school. They had signed a non-compete agreement forbidding them from taking a position with another cram school within five kilometers (because they could then recruit former students who live in the area) for a period of 12 months from termination.
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Otherside



Joined: 06 Sep 2007

PostPosted: Fri Sep 26, 2008 9:54 pm    Post subject: Reply with quote

The question is, is that clause in the OP's contract. From the sounds of things, it isn't. So then you can work in the same neighbourhood. Whether its worth the hassle is a different question.

When I quit my Hagwon job, I was told I would only get a letter of release if I didn't work in the same city. My school told students and parents that I had gone home due to a family emergency, and obviously students seeing me at the school down the road would have outed them as liars. Perhaps your school will be doing something similar.

At a Hagwon, English and you the teacher are the commodities being sold, and if students like you, they will follow you within reason, can't blame the hagwon for trying to protect their interest but if you like the area and have a decent offer, I'd stick around.
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Fri Sep 26, 2008 10:20 pm    Post subject: Reply with quote

It's quite a common request, both for foreign and Korean teachers. Of course once you've got a new job there's nothing they can do about it.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Sat Sep 27, 2008 4:15 am    Post subject: Reply with quote

OP, what kind of distance are they talking about? Same street? Same town?
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