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Fired!!! Letter of release. New Visa. Legal maneuvers

 
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larrysheinfeldstein



Joined: 13 Jun 2007

PostPosted: Mon Oct 20, 2008 5:55 am    Post subject: Fired!!! Letter of release. New Visa. Legal maneuvers Reply with quote

The following is my situation. Any help would be greatly appreciated.

Basically I got fired from my job on Friday afternoon after getting into an argument with my boss. Basically a couple of students walked out of my class and he got angry because I couldn't control my class. We got into an argument after the class had finished and the next day the supervisor informed me that I was fired effective at the end of the semester (November 26th) I have been working at this hagwon since
July 23rd, 2007. According to my understanding I can only get a letter of release without having to re-apply for a new visa if I have already completed 80% of my contract. I renewed my contract in July 2008 so I haven't completed 80% of my new contract but have been working there for over a year. I also feel that I am being fired without just cause. If my employer fails to give me a letter of release, are there any legal
maneuvers I might be able to use in order to stay in Korea and rectify my situation? Thank you in advance!
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withnail



Joined: 13 Oct 2008
Location: Seoul, South Korea.

PostPosted: Mon Oct 20, 2008 6:01 am    Post subject: Reply with quote

Sorry to hear about your situation. This is one for the vets - ttompatz or pragic out there??
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Mon Oct 20, 2008 6:20 am    Post subject: Reply with quote

As long as you have not received any written notice, then this has no legal binding. You should keep going to work and receive notice 30 days notice as of the day upon receiving it.

Your boss lost face and he is trying to clean up his mess.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Oct 20, 2008 2:19 pm    Post subject: Reply with quote

You have your 30 days notice so the termination IS legal.

They are NOT legally required to give a LOR.

IF they do you MAY be able to transfer to a new employer (since you were on an EXTENDED status of sojourn and NOT on a new visa).

IF they don't you MAY need to inform immigration of your termination (take the time on your 1st day of unemployment and make the trip - it will save you a world of grief later) and get an exit order. This will give you 30 days AFTER your last day of employment before you have to leave Korea.

This WILL require a new visa application from your next job and a quick visa run (at the new employers expense).

Order a new CRC and new transcripts NOW.

.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 5:10 am    Post subject: Reply with quote

I got a LOR after working only 2 weeks. Then another after 5 weeks. So, you don't have to work 80% of the contract. Just hope they give it.
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maddog



Joined: 08 Dec 2005
Location: Daegu

PostPosted: Mon Oct 27, 2008 5:37 am    Post subject: Reply with quote

last goodbye wrote:
I got a LOR after working only 2 weeks. Then another after 5 weeks.


Wow! That must be some kinda record.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 5:46 am    Post subject: Reply with quote

crazy, eh? I was told on the 13th day that the program was shutting down the next day. BIt of a shock. I didn't get another job (same agent, diff. school) for 3 weeks. They waited to get the release letter and immi. wouldn't process it. Luckily it could be changed (back dated). Then 5 weeks later- back again (but I expected that one).

Get release letters as soon as you are "released"- an apt term indeed!
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