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krissy123
Joined: 19 Jun 2006
Location: Suwon, S.Korea
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 Posted: Sun Jun 07, 2009 10:04 pm Post subject: New boss/ Change of Owner |
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My situation in a nutshell: My old boss ran away with the school's money, so we were all working unpaid for 2 months. Along with this came a whole bunch of other problems, as you can imagine (having to vacate the apt, working overtime without pay because a lot of the staff quit etc etc etc).
Anyways, someone else bought the school, so we have a new owner. They've told me that I don't have to do a visa run, but will have to sign a new contract.
With all the money issues, I would like to move on, but unsure what that entails.
As I don't have a contract, am I free to go? Or because I have a visa with them, is it more complicated than just leaving?
I tried calling immigration, but the lady didn't seem to want to help...so any information would be greatly appreciated!
I just want to know what I'm in for before I give my boss the news.
Thanks! |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sun Jun 07, 2009 10:31 pm Post subject: Re: New boss/ Change of Owner |
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| krissy123 wrote: |
My situation in a nutshell: My old boss ran away with the school's money, so we were all working unpaid for 2 months. Along with this came a whole bunch of other problems, as you can imagine (having to vacate the apt, working overtime without pay because a lot of the staff quit etc etc etc).
Anyways, someone else bought the school, so we have a new owner. They've told me that I don't have to do a visa run, but will have to sign a new contract.
With all the money issues, I would like to move on, but unsure what that entails.
As I don't have a contract, am I free to go? Or because I have a visa with them, is it more complicated than just leaving?
I tried calling immigration, but the lady didn't seem to want to help...so any information would be greatly appreciated!
I just want to know what I'm in for before I give my boss the news.
Thanks! |
I don't want to castigate you as you already seem to have enough problems...so take this in a spirit of advice.
Never work unpaid. I don't know why you let this drag on for two months...but that's water under the bridge now. NEVER work overtime without getting paid...there's being flexible and then there's being played for a patsy. Having to vacate the apartment...you should have asked for compensation for that. Chalk this up to a learning experience and hopefully you can apply it to your next job.
Now as to your questions.
First and MOST IMPORTANT. Do you have a copy of your old contract? I ask because if they say you have to sign a new contract, it is likely that this new contract is less generous than the old one. Less money, worse apartment...given the money situation at that place it is highly likely.
Your visa is tied to your workplace (your location) so it's more complicated than just leaving.
This is what I would do. First insist that you be paid and in full. Refuse to sign any new contract. If they refuse to pay tell them that you are starting procedures with the Labor Board...but would be willing to drop these for a LOR. Once you have the LOR in hand, leave the country which should cancel the visa. Come back the following day and look for a new job. |
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krissy123
Joined: 19 Jun 2006
Location: Suwon, S.Korea
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| Posted: Sun Jun 07, 2009 11:59 pm Post subject: |
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| Well I wasn't going to stay for long...I was about to leave the school- had even moved some of my stuff to the new school I was going to work at..but the new owner said he would only buy the hagwon if I stayed. If I hadn't stayed, then the hagwon wouldn't have been sold, and all the employees wouldn't have seen ANY of their backpay. So by selling the hagwon, we were able to retrieve some money at least... |
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Leslie Cheswyck
Joined: 31 May 2003
Location: University of Western Chile
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| Posted: Mon Jun 08, 2009 2:19 am Post subject: |
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| krissy123 wrote: |
but the new owner said he would only buy the hagwon if I stayed. If I hadn't stayed, then the hagwon wouldn't have been sold,
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YOU did not make that promise to him. You are under NO obligation to the new owner.
But, it's your situation and you handle it as you see fit.
People, yet another reason the employer-owned E-2 visa sucks.
Actually, the only reason. |
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moosehead
Joined: 05 May 2007
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| Posted: Mon Jun 08, 2009 3:58 am Post subject: |
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| krissy123 wrote: |
| Well I wasn't going to stay for long...I was about to leave the school- had even moved some of my stuff to the new school I was going to work at..but the new owner said he would only buy the hagwon if I stayed. If I hadn't stayed, then the hagwon wouldn't have been sold, and all the employees wouldn't have seen ANY of their backpay. So by selling the hagwon, we were able to retrieve some money at least... |
wow - this is a GOOD one - sorry OP - your visa IS tied to your original employer who sponsored you - and in the process, may have violated something somewhere by not taking care of certain items during the sale of the school - like you, for one thing.
did the school's name change? or just the owner? is your original contract almost finished? (it kind of sounds like it from your post)
if I were you I'd get my butt down to immi first thing tomorrow morning and straighten all of this out BEFORE you do anything else - including teaching even for 1 more day. you could possibly be in violation of your visa - who knows - immi is funny sometimes -
take your original contract with you - tho they should have a copy on file already so don't let them give you any grief if you don't have it handy -
your original contract needs to be honored, I think, there are many questions this raises, but the first and foremost you need to make sure of is about your visa.
don't EVER take a school's word on whether or not you need to do a visa run unless you are standing next to them in the immigration office and they are translating to you what the immi officer is saying - ok? 
please post an update and let us know how it goes.
*on a side note* I had a friend who something similar happened to him, and he DID sign a new contract but did not have to do a visa run; he had to fulfill the second contract before receiving his severance, and really just lost something like 4 months time off the original one. it sucked big time for him, but at the very least the first school didn't have the kind of issues yours apparently did - that is , he always received his salary. |
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krissy123
Joined: 19 Jun 2006
Location: Suwon, S.Korea
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| Posted: Mon Jun 08, 2009 10:07 pm Post subject: |
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Thanks for the advice^^
Went to immi this morning, but unfortunately they didn't tell me anything new. Just that I need a letter of release etc. I also asked about an exit order, but he just said "I don't know about that".
BTW, does anyone know if the new owner should be responsible for paying the backpay that we did not receive under the old director? |
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sarbonn
Joined: 14 Oct 2008
Location: Michigan
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| Posted: Tue Jun 09, 2009 11:20 am Post subject: |
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This is similar to what happened to me, although there was not a happy ending (I bailed finally and am back in the states now).
The new boss has bought the Hagwon, which means the new boss is picking up all the debts and all of the business that the old Hagwon had, INCLUDING the fact that he or she owes you money. The onus is on the new boss to collect your money from the old boss, NOT for you to do so. That was part of my problem. The previous boss owed me two months back pay, and by the time that I finally decided the new boss was a worse scammer than the old one, she owed me over a month of pay and was playing the exact same games you expect to hear a drug addict give to a loan shark.
She even tried to do the "you have to sign a new contract with me" routine and I wasn't budging. She owed me money, and she was going to even try to renegotiate my salary. Don't fall for it because unless the new owner is offering you BETTER terms, you're going to get shafted. |
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krissy123
Joined: 19 Jun 2006
Location: Suwon, S.Korea
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| Posted: Sat Jun 27, 2009 8:52 pm Post subject: |
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Thanks for all the great info. I'm about to work my last week at the school. Yaaa
I'm still owed a month's worth of pay...does anyone have any tangible proof that my current boss is legally supposed to pay me for the pay I did not receive under the old boss?
I've tried contacting the labour board twice and both times I got someone on the line who could barely speak English. The second time they promised to contact my school, but they never did...
...Just would like to see if it's in my rights to demand this money from the new boss, or whether he has no legal obligation to pay it.
Thanks for any help! |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Jun 28, 2009 6:15 am Post subject: |
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| krissy123 wrote: |
Thanks for all the great info. I'm about to work my last week at the school. Yaaa
I'm still owed a month's worth of pay...does anyone have any tangible proof that my current boss is legally supposed to pay me for the pay I did not receive under the old boss?
I've tried contacting the labour board twice and both times I got someone on the line who could barely speak English. The second time they promised to contact my school, but they never did...
...Just would like to see if it's in my rights to demand this money from the new boss, or whether he has no legal obligation to pay it.
Thanks for any help! |
There is no way for us to know if the new owner of your school is obligated to pay you.
It is possible to buy a business and assume all of its assets and liabilities.
It is also possible to buy a business name, premises, fixed assets, fixtures, but to exclude some items including certain, or even all, liabilities such as accounts payable, accrued payroll etc.
It all depends on the contract and is entertwined with labor law and specific facts of the case.
We do know, however, that the new owner had to buy the business from the previous owner, which means the new owner had to know where the old owner was at some point. So, the story that the old owner "ran away with the money" sounds fishy. It is quite possible that the new owner was cheated by the old owner. Guaranteeing that you would stay at the school is just one of the things we already know that your previous boss deceived the new boss about.
Since you are owed only one month's pay and before it was two month's pay, who was it that paid you? Perhaps that person will pay you the rest. Good luck. |
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