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jdog2050
Joined: 17 Dec 2006
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 Posted: Wed Jan 21, 2009 12:18 am Post subject: So I just won my labor board case (clap clap), but... |
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...I didn't get *all* of my money because of a really arbitrary age restriction on how much you get reimbursed.
Apparently, if you use the labor board, you only get so much money back depending on your AGE. Since I'm in my 20's, it's 1,300 per month of damages. Since I wasn't paid for 41 days, they took the 1,500,000 and added the other 800,000 I was owed, totaling 2,300,000.
Don't get me wrong, I'm happy it's all over. Happy as hell. But it's super annoying because--
A: obviously, they don't mention it.
B: it's so FUCKING ARBITRARY
Edit: just checked up on this; my employer went through some sort of bankruptcy court it turns out. So, you only get paid so much because it's from the government. |
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Kimchieluver
Joined: 02 Mar 2005
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| Posted: Wed Jan 21, 2009 2:48 am Post subject: |
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| Congrats anyways! |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Wed Jan 21, 2009 2:48 am Post subject: |
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Congratulations.
BTW, it's likely you will have to now pursue your hagwon through civil court to get your money. TAKE MY ADVICE- file a civil suit ASAP.
You can legal assistance from this thread-
http://forums.eslcafe.com/korea/viewtopic.php?t=126393 |
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Milwaukiedave
Joined: 02 Oct 2004
Location: Goseong
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| Posted: Wed Jan 21, 2009 3:12 am Post subject: |
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| Congrats...as someone else said follow up quickly and make sure you get your money. |
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Looney
Joined: 23 Dec 2008
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| Posted: Wed Jan 21, 2009 3:17 am Post subject: |
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| well done......at least you something. Hope more teachers do the same and don`t give in to let hagwons get away with $hit like this |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Wed Jan 21, 2009 3:18 am Post subject: |
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If you have a copy of the Labor documents verifying your victory, you can take them to Immigration and try to have them blocked from leaving the country. Immigration MAY or MAY NOT issue this block, but it's worth a try.  |
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jdog2050
Joined: 17 Dec 2006
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| Posted: Wed Jan 21, 2009 6:41 pm Post subject: |
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| wylies99 wrote: |
| If you have a copy of the Labor documents verifying your victory, you can take them to Immigration and try to have them blocked from leaving the country. Immigration MAY or MAY NOT issue this block, but it's worth a try. |
Nah...lots of thanks for the advice, but I got 76%of my money, and I work too much to pursue this to the fullest for 700,000 won. This woman is basically ruined for who knows how many years due to bankruptcy and paying out 20 other people. Knowing that I helped destroy her makes me happy. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Thu Jan 22, 2009 9:27 am Post subject: Re: So I just won my labor board case (clap clap), but... |
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| jdog2050 wrote: |
...I didn't get *all* of my money because of a really arbitrary age restriction on how much you get reimbursed.
Apparently, if you use the labor board, you only get so much money back depending on your AGE. Since I'm in my 20's, it's 1,300 per month of damages. |
No, that's not true. As you already EDITed, this is a bankrupcy law issue, not a labor law issue.
I went through the labor board prior to my lawsuit and won everything all down the line, including liens and freezing of assets. In the end, I got stiffed for my final two months plus other monies, but got nearly 100%, more than 5 mill total.
The owner eventually filed for bankrupcy, but not until AFTER I had already won, so I was to be paid in full. The teacher who filed after the bankrupcy (and was owed upwards of 10 mill) was paid out like you, a percentage of what he was owed. However, in his case, he was in his 60's so he got a chunk larger than you did. |
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jdog2050
Joined: 17 Dec 2006
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| Posted: Thu Jan 22, 2009 3:55 pm Post subject: Re: So I just won my labor board case (clap clap), but... |
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| Young FRANKenstein wrote: |
| jdog2050 wrote: |
...I didn't get *all* of my money because of a really arbitrary age restriction on how much you get reimbursed.
Apparently, if you use the labor board, you only get so much money back depending on your AGE. Since I'm in my 20's, it's 1,300 per month of damages. |
No, that's not true. As you already EDITed, this is a bankrupcy law issue, not a labor law issue.
I went through the labor board prior to my lawsuit and won everything all down the line, including liens and freezing of assets. In the end, I got stiffed for my final two months plus other monies, but got nearly 100%, more than 5 mill total.
The owner eventually filed for bankrupcy, but not until AFTER I had already won, so I was to be paid in full. The teacher who filed after the bankrupcy (and was owed upwards of 10 mill) was paid out like you, a percentage of what he was owed. However, in his case, he was in his 60's so he got a chunk larger than you did. |
Yeah, the thing anyone taking their employer to task through labor has to remember is that they give them up to2 months to get their shit in order (stall). That means 2 months to leave the country (possibly), file bankruptcy, sic fake lawyers on you (happened to me), etc. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Thu Jan 22, 2009 5:46 pm Post subject: Re: So I just won my labor board case (clap clap), but... |
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| jdog2050 wrote: |
| the thing anyone taking their employer to task through labor has to remember is that they give them up to2 months to get their shit in order (stall). That means 2 months to leave the country (possibly), file bankruptcy, sic fake lawyers on you (happened to me), etc. |
Actually, labor is mandated to close any complaint within 30 days, one way or the other. Employers that "stall" find that at the end of 30 days, the ruling has gone against them.
It's the lawsuit phase that can go on for a year or so, and where the transfer of assets really happens. Either that, or they just close the school down and open another (sometimes in the same spot) with a different name. Unless things have changed in the last decade, the laws state you are not suing a PERSON, but rather the BUSINESS. By changing closing down and opening with another name, they have effectively stopped your lawsuit (you can't possibly sue the new school, they didn't do anything to you  ). You have to "pierce the corporate veil" in such a case to get to the owner behind the company, and that just tacks more time onto a case that already takes a year. |
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jdog2050
Joined: 17 Dec 2006
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| Posted: Thu Jan 22, 2009 5:48 pm Post subject: Re: So I just won my labor board case (clap clap), but... |
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| Young FRANKenstein wrote: |
| jdog2050 wrote: |
| the thing anyone taking their employer to task through labor has to remember is that they give them up to2 months to get their shit in order (stall). That means 2 months to leave the country (possibly), file bankruptcy, sic fake lawyers on you (happened to me), etc. |
Actually, labor is mandated to close any complaint within 30 days, one way or the other. Employers that "stall" find that at the end of 30 days, the ruling has gone against them.
It's the lawsuit phase that can go on for a year or so, and where the transfer of assets really happens. Either that, or they just close the school down and open another (sometimes in the same spot) with a different name. Unless things have changed in the last decade, the laws state you are not suing a PERSON, but rather the BUSINESS. By changing closing down and opening with another name, they have effectively stopped your lawsuit (you can't possibly sue the new school, they didn't do anything to you ). You have to "pierce the corporate veil" in such a case to get to the owner behind the company, and that just tacks more time onto a case that already takes a year. |
That is EXACTLY what I don't want. This company was actually *licensed* by SDA (that Jehovah's Witness hagwon). I think that if I sued the company I worked for, it'd open a can of worms against SDA too. Who knows how long that'd all take to sort out.
Also: I don't know about the 30 days thing. The labor officer specifically told me that they would give her (my boss) two months to get in touch with them. |
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sojusucks
Joined: 31 May 2008
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| Posted: Thu Jan 22, 2009 10:32 pm Post subject: |
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Congrats.
Way not to get taken advantage of like a ten-year-old girl in a room filled with pedophiles. (My attempt at humor, whatever).
Way to fight back. That is how things will get better for teachers here. |
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bundangbabo
Joined: 01 Jun 2008
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| Posted: Thu Jan 22, 2009 10:35 pm Post subject: |
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| congratualtions mate - good drills! |
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fromtheuk
Joined: 31 Mar 2007
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| Posted: Thu Jan 22, 2009 11:14 pm Post subject: |
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Good for you! Can everybody hear the deafening silence from all of those people who claim some hagwons are like gold?!!!
Perhaps some of them are, but you never get this kind of awful rubbish at a public school. OP - Try a public school next time.  |
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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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| Posted: Sun Jan 25, 2009 11:44 pm Post subject: |
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A podcast with jdog is up about this. He does a great job!
See: www.themidnightrunner.com |
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