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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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AJR
Joined: 29 Jun 2009
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Posted: Thu Jul 30, 2009 9:32 pm Post subject: Breaking contract before submitting visa documents? |
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After a month of job searching and some gut-wrenching decisions, I settled on a position that wasn't ideal for me, but had enough to satisfy some core objectives. I printed out the contract, signed the last page, scanned it and emailed that back to my recruiter.
I almost FedExed my documents today but for a hitch- I didn't have the recruiters telephone number- seemingly a necessity for mailing the FedEx letter. That package is supposed to still be sitting at my neighborhood FedEx shop, waiting for me to call in the telephone number.
The thing is, I just had another interview tonight- something I neglected to cancel, and it went better than I thought. The position is much more in line with what I think I want.
What do people think of the option where I somehow leave behind or try to get out of the contract I signed and take the new job- the one that I think I want?
Posters can comment on any dimension they feel is relevant, such as the legal, practical or ethical dimensions, or anything else. I don't know myself what to think, hence my post. Both opinion and informed commentary are welcome. Thanks! |
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frankly speaking
Joined: 23 Oct 2005
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Posted: Thu Jul 30, 2009 10:42 pm Post subject: |
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It really depends on you. I have had similar situations. I actually kept my word with the school that I first signed. I did regret it later on.
You signed a contract but it isn't legally binding until you get your visa processed. Legally you don't owe anything. If you choose to work at the second school, call the recruiter and apologize and say that you will not be taking the position afterall. I would probably tell a white lie and say that because of things out of your controll you have to delay coming to Korea. Thank them again for their help and say that you will get in touch with them later when you look for jobs again.
Good luck on whatever you decide. |
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teacher!
Joined: 19 Jul 2009
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Posted: Fri Jul 31, 2009 1:06 am Post subject: |
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legally... you are not bound to anything, at least as far as I know. If you tell the recruiter you are not going to take the job after all, I don't think there's anything he can do... even if he tried to report you to Korean immigration (which I can't imagine a recruiter doing), I don't think it would affect things for you at all.
morally... shoot, i don't know. I have pretty strong morals, but Korea makes you question all that, especially when living by your morals only seems to be a liability here. If you back out of the contract, the school will be fine, life will go on, they'll find another teacher. You are the one that will have to live with the job you choose for a year, the school doesn't really care if it's you or another white face that shows up. I hate to say it, but Korea really forces you to look out for #1 in ways you wouldn't be comfortable with back home.
I think there is a totally different "social contract" here that is foundational in society. Companies generally have very little loyalty to their employees, especially foreign English teachers, and employees often have very little loyalty to their companies if a better opportunity comes along. Because of this and numerous bad experiences big and small with schools here, I just don't worry too much about the schools I work for and put my first concern on caring for my family. Of course, I'll never flat out screw an employer, but I won't put up with anything like consistently doing extra work for no pay that was not agreed upon upfront, getting paid less than my salary because the company is having a hard time financially (just means they're going under soon), or going to great lengths to give my company a break when really they'll just take a mile for every inch I give. There's just a different employer-employee ethic here which I don't like, but if I deny it, I'm the one who loses.
Sounds pretty jaded/bad, huh? To all this I would add the caveat that you have to morally live with whatever decision you make, but just know that the rules of the game are different here and things you thought were just "the way things are" aren't always that way in other countries, and sometimes it's not morally wrong to play by the rules of a different social contract so long as you don't violate your central moral tenets. |
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AJR
Joined: 29 Jun 2009
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Posted: Fri Jul 31, 2009 5:08 am Post subject: |
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Thanks for all the thoughts- this all seems about right for me- if the FedEx package hasn't shipped yet, tell a white lie and move on. They can't freak out and procure me from America or wherever I am, and from what people are saying, they can't blacklist me at immigration, a very important point if true.
It may all be moot because the new, desirable job may not work out itself. Without identifying it directly I will say that it is a Public School job in a desirable location but it is not SMOE, EPIK, or GEPIK- it is some kind of pilot program run out of an education office. They say they want me by Aug 26 but they have to interview me again by a higher up in the bureaucracy in a week, Aug 6th. I said, fine but is it possible to get a visa in that time? They said: talk to your recruiter. The recruiter says they don't handle visas- I have to get it in my home country and to call the consulate. I politely informed them of the usual process as I understood it and am waiting to hear back.
It's the old case of the notorious bird in the hand (hagwon) vs the kafka-esque bird in the bush. |
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nyla54
Joined: 17 Jun 2009
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Posted: Fri Jul 31, 2009 5:20 am Post subject: |
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AJR wrote: |
Thanks for all the thoughts- this all seems about right for me- if the FedEx package hasn't shipped yet, tell a white lie and move on. They can't freak out and procure me from America or wherever I am, and from what people are saying, they can't blacklist me at immigration, a very important point if true.
It may all be moot because the new, desirable job may not work out itself. Without identifying it directly I will say that it is a Public School job in a desirable location but it is not SMOE, EPIK, or GEPIK- it is some kind of pilot program run out of an education office. They say they want me by Aug 26 but they have to interview me again by a higher up in the bureaucracy in a week, Aug 6th. I said, fine but is it possible to get a visa in that time? They said: talk to your recruiter. The recruiter says they don't handle visas- I have to get it in my home country and to call the consulate. I politely informed them of the usual process as I understood it and am waiting to hear back.
It's the old case of the notorious bird in the hand (hagwon) vs the kafka-esque bird in the bush. |
I say that you have reason to still be very helpful in that the visa shouldn't be a difficult process, at least in California. As long as you have all the paperwork, you should be able to drop off your documents and pick up your passport with visa the next day.
However, there are two factors that can complicate the process. The first is that if you are applying for an E-2 visa, you need a notice of appointment or visa issuance #, i.e. you need to have official confirmation/action from the program that you are accepted. The second is if you need to do a Consulate interview. Again, this is if you are applying for the E-2. However, all of the three public school programs (EPIK, GEPIK, SMOE) are exempt from the interview process so you may be in luck. If not, I heard you need the NOA or Visa Issuance # to schedule an interview.
If you can qualify for the F-4, there are still some challenges but you are no dependent on the school to start the visa process. |
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AJR
Joined: 29 Jun 2009
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Posted: Fri Jul 31, 2009 5:45 am Post subject: |
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Oh- okay. So I will be getting an E-2 visa and because it is a Public School position they will just email me my N.O.A., notice of appointment, then I take my diploma, transcripts etc. to the Korean consulate closest to me (N.Y.C.) and it gets handled overnight. So I may be able to pass the interview on the 6th and get to Korea by the 26th then. Sounds good. Thanks for the info. |
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nyla54
Joined: 17 Jun 2009
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Posted: Fri Jul 31, 2009 5:54 am Post subject: |
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Sounds good. Just to emphasize again though: I'm writing from experience/information on the Korean Consulate in California.
However, I think if you get emailed your NOA right around the 6th, you should be good to go. I would just stress to the Consulate that you have to leave by the 26th to see if they'd be willing to interview you sooner.
Also, if you don't mind, would you mind PMing me what program you are doing. I researched rather extensively for all public school programs, and I was fairly certain until now that only GEPIK, EPIK, and SMOE existed. If you don't want to, I understand but I thought I'd act on my curiosity. |
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AJR
Joined: 29 Jun 2009
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Posted: Fri Jul 31, 2009 3:43 pm Post subject: |
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Well it turns out my friendly Fed Ex people decided to mail in my documents, using my phone number rather than the destination number. So now the situation is deeper. I had them check and FedEx agreed to attempt to intercept my package for almost $60. I agree that the cash is not that much when attempting to alter fate, but paying all that cash when I am a little strapped(both the initial and the intercept fee) seems a little rough to me.
The initial job is a hagwon in Daejon with afternoon hours and competitive pay, if everything works out. The second job is with the Nambu District Office of Education in Seoul, which as others have commented, seems a little disorganized, but holds a lot of charm to me.
There are still a lot of 'ifs' to note and pass through, but if I don't do anything, Daejon will probably get my documents on Monday or Tuesday, and Nambu will call me on Wednesday or Thursday for a final interview.
Is my fate set? |
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iggyb
Joined: 29 Oct 2003
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Posted: Fri Jul 31, 2009 6:37 pm Post subject: |
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I believe it is like others said -- if the Visa isn't processed --- by which I mean - you haven't gone to the Korean consulate and got the Visa stamped into your passport --- then you can back out freely.
I don't think this is a terribly unusual situation.
I am in it right now after being offered a different job I was in the running for before I signed the contract and mailed my documents. |
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Chambertin
Joined: 07 Jun 2009 Location: Gunsan
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Posted: Sat Aug 01, 2009 7:26 pm Post subject: |
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I signed a couple contracts and sent out my paperwork to a couple different people. First one to get me a visa won.
The losing team was pissed but they cant do anything. I emailed them a letter of notice cancelling my contract and that was that. Sure they sent me a letter calling me a liar, but thats life.
You have the option to stop the contract as long as you give notice.
Go with the job you think you will like and be loyal to a recruiter you believe in, not the one that you feel obligated to.
Having said that I do feel kinda bad about the other school and recruiter, but it was a race, I told both parties I want to work now and will take the first job that gets me in country. |
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iggyb
Joined: 29 Oct 2003
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Posted: Sat Aug 01, 2009 9:06 pm Post subject: |
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I believe what Chambertin wrote is the norm not the exception - unless things have greatly changed since I left - and it certainly doesn't sound like it.
The school calling him a liar is also talking more out of personal frustration rather than backed by customary or cultural thought concerning contracts - especially in the ESL market.
It is not uncommon to read at Dave's here and there about someone being pissed that a school has backed out on them at the last minute despite having a contract signed.
Just look at the couple of threads the last couple of days about EPIK people being switched over to SMOE without knowing about it beforehand...
...Backing out of a contract before getting the visa is disappointing to a school. Having a school back out on you in the same circumstances is also disappointing. --- But it happens regularly enough in the Korean ESL industry for nobody to be shocked by it at all... |
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AJR
Joined: 29 Jun 2009
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Posted: Sun Aug 02, 2009 10:32 am Post subject: |
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Thanks iggyb and chambertin. This is a big relief. I was concerned both with the squishy social reality and also whether immigration saw your name for two different jobs and somehow didn't like that. It sounds like I could even flip a coin before I walk in the door of the Korean consulate if I did have two jobs lined up.
Big relief. I'll post anything relevant to this thread concerning my situation as it occurs. Dave's is an invaluable resource in this situation. Thanks again. |
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