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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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 Posted: Wed May 13, 2009 8:17 pm Post subject: Legal advice--been slandered |
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I resigned from my university job on April 30th; I got the stomach flu on May 8th and missed two days of classes because of it. I was then fired for negligence of my duties. I went to get an exit order yesterday.
When I told my future employer about this, they contacted my previous employer, who lied and said that I am violent, hit the students, etc.
Do I have any legal options besides the obvious "you're a foreigner in Korea so give up"? |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Wed May 13, 2009 9:30 pm Post subject: |
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| fired for negligence of my duties. |
If they fired you, didn't they give you written notice? If so, get it out and present that to the new employer. If it's what you say it is, then you just got sick and an employer worth working for would understand that. |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Wed May 13, 2009 9:37 pm Post subject: |
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| lifeinkorea wrote: |
| Quote: |
| fired for negligence of my duties. |
If they fired you, didn't they give you written notice? If so, get it out and present that to the new employer. If it's what you say it is, then you just got sick and an employer worth working for would understand that. |
That's exactly what I'm going to do tomorrow, but I'm wondering if I can pursue a libel lawsuit against my previous employer for attempting to sabotage my future career. |
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ChinaBoy
Joined: 17 Feb 2007
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| Posted: Wed May 13, 2009 10:26 pm Post subject: |
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ok, I'll bite.
If you resigned on April 30, why were you still teaching May 8th? |
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Goku
Joined: 10 Dec 2008
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| Posted: Wed May 13, 2009 10:56 pm Post subject: |
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| ChinaBoy wrote: |
ok, I'll bite.
If you resigned on April 30, why were you still teaching May 8th? |
Resigned April 30th
After resignation contract requires a certain amount of days (usually 30) to jump ship, so he has to keep teaching. Most jobs won't let you just drop and run, ESPECIALLY teaching positions.
He takes 2 sick days off shortly after resigning which makes it look like he's skipping out on his end of contract obligations to keep teaching. Or at the very least abusing his sick days. And as we have learned sick days are not really sick days in Korea.
Admins are PO'ed and want to fire him instead of accepting his resignation, probably because they don't like him and probably want to save money. Take your pick, it could be one or the other or both.
If he is fired, he doesn't get access to contractual benefits of resigning versuses being fired. Also, quite frankly they probably want to stick it to Michael. So the university is going to do everything in their power to get him ousted. Problem for Michael being... getting fired is a hellevua lot worse to his resume than resigning.
So Michael is concerned about how this will affect his future dealings. Quite frankly, it could hurt a lot. Especially, now is the period where Univeristies are trying to flush out the "baddies" of ESL teaching.
I suggest settling this peacefully Michael, If you sue for Libel (which is a stretch) and still suceed, no university will want you after that. I would never take a worker who has sued their previous employer. |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Wed May 13, 2009 11:56 pm Post subject: |
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| Goku wrote: |
| I suggest settling this peacefully Michael, If you sue for Libel (which is a stretch) and still suceed, no university will want you after that. I would never take a worker who has sued their previous employer. |
This is excellent advice, thanks. |
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CentralCali
Joined: 17 May 2007
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| Posted: Thu May 14, 2009 12:13 am Post subject: |
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| Goku wrote: |
| I would never take a worker who has sued their previous employer. |
Then, frankly, you're not worth working for. |
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John_ESL_White
Joined: 12 Nov 2008
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| Posted: Thu May 14, 2009 7:29 am Post subject: |
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By Korean law, you would win a libel suit, if you could 1) produce credible witnesses, and 2) appeared credible yourself.
If I were you, I would not atempt to go forward with legal action unless you have a very good korean friend who can help you and you have the witnesses needed.
good luck. |
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moosehead
Joined: 05 May 2007
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| Posted: Thu May 14, 2009 7:41 am Post subject: |
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have a sit-down with the new potential employer, lower your voice, lean in and tell him, well, you didn't want to say anything but it's like this - the other boss kept hitting on you but you aren't gay and wasn't interested and had to tell him to bugger off. you are really sorry to have to say all this but he was seriously in love with you and very angry that you didn't return his affection and left.
then look at him straight in the eye, shrug and say hey wattayagonna do anyway?
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Bibbitybop
Joined: 22 Feb 2006
Location: Seoul
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| Posted: Thu May 14, 2009 8:06 am Post subject: |
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| CentralCali wrote: |
| Goku wrote: |
| I would never take a worker who has sued their previous employer. |
Then, frankly, you're not worth working for. |
This is excellent advice. |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Sun May 17, 2009 6:18 pm Post subject: |
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| John_ESL_White wrote: |
By Korean law, you would win a libel suit, if you could 1) produce credible witnesses, and 2) appeared credible yourself.
If I were you, I would not atempt to go forward with legal action unless you have a very good korean friend who can help you and you have the witnesses needed.
good luck. |
Yes, I'm resurrecting my own thread.
Since they slandered me to the other school, I'm sure the other school would provide a testimony, whether they hired me or not, so I think that would be an open/shut case. Since I have a Korean wife, winning this case shouldn't be a problem. |
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okokok
Joined: 27 Aug 2006
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| Posted: Mon May 18, 2009 5:23 am Post subject: |
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| Are you Kentucker4? |
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madoka
Joined: 27 Mar 2008
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| Posted: Mon May 18, 2009 9:47 am Post subject: |
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| michaelambling wrote: |
Since they slandered me to the other school, I'm sure the other school would provide a testimony, whether they hired me or not, so I think that would be an open/shut case. Since I have a Korean wife, winning this case shouldn't be a problem. |
1. Congratulations on your marriage. I think you've also set a new speed record.
2. I'm not familiar with the Korean legal system, but no sensible U.S. lawyer working on contingency would take a case like this. They require a lot of time and the only ones that win are the lawyers who charge on an hourly basis. You're probably better off dropping it. Damages would be a pain to prove, especially since your new school hired you anyways. |
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