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korea.teacher
Joined: 04 Feb 2009
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 Posted: Mon May 04, 2009 6:34 am Post subject: Labor Petition - Returning to Work |
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My employer terminated me for personal reasons, but at least today I was able to see a petition through for unpaid wages before I finished working. Labor had the hagwon manager go downstairs to punch out money from his atm while we waited.
Question: Labor told me I can't file a petition against my hagwon for wrongful termination until after my final work day and that I need to intend to return to work...the place that has treated me so terribly the past few months.
Have teachers actually filed petitions and returned to the workplaces they hated while they were there? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon May 04, 2009 7:38 am Post subject: Re: Labor Petition - Returning to Work |
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| korea.teacher wrote: |
My employer terminated me for personal reasons, but at least today I was able to see a petition through for unpaid wages before I finished working. Labor had the hagwon manager go downstairs to punch out money from his atm while we waited.
Question: Labor told me I can't file a petition against my hagwon for wrongful termination until after my final work day and that I need to intend to return to work...the place that has treated me so terribly the past few months.
Have teachers actually filed petitions and returned to the workplaces they hated while they were there? |
Most employment contracts that I've seen here (on the contract thread) give the both the employer and the employee some option to terminate a contract with proper notice. As long as they give you the required notice, they don't have to have any reason. Likewise, as long as the employee gives proper notice, they don't have to have a specific reason. Therefore, any reason, good or bad, or no reason at all, it is still a legal termination if you are given the required notice and paid according to the contract.
So, what makes this a case of "wrongful" termination? Did they give less notice than what was required in the contract?
Just curious. |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Mon May 04, 2009 5:37 pm Post subject: |
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They fired me for not going on a school lunch hiking trip on my day off when I had the flu (coincidentally just under my 90 days).T
he termination notice states the reason for termination was failure to follow director's orders.
The institute manager explained by email the orders were to go on the institute trip (on my day off).
Labor has already replied in writing that this is insufficient to fire an employee.
A second issue, the first manager I worked with at my institute told me directly that the hagwon was considering firing me my first week on the job solely because of my age and referred to my situation as a "kind of discrimination" in Korea, but to the owner it was just business. The Human Rights Commission in Korea said this is illlegal.
Other teachers have suffered abuses at my institute and more petitions will follow.
Yesterday I won a petition against them for unpaid wages for all the extra work they had me do. I tried several times to discuss the matter with them, but it was only after filing a petition that they responded.
Now there's a record on them. Now there will be future petitions against them and maybe future teachers won't have to suffer the way other have.
[b]My first month I was referred to a Canadian teacher by a a close friend of the owners, who said she would be starting in May. I was just fired and the Canadian teacher just returned from vacation to start working at my institute.[/b] |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue May 05, 2009 6:48 am Post subject: Re: Labor Petition - Returning to Work |
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| korea.teacher wrote: |
| Have teachers actually filed petitions and returned to the workplaces they hated while they were there? |
I did.
I filed a petition. Got my money. Finished my contract a month or so later. And filed another petition after I left. |
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