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letter of release question

 
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rose374



Joined: 26 Jul 2009

PostPosted: Fri Sep 25, 2009 12:14 am    Post subject: letter of release question Reply with quote

Hi,

I could really use some advice. My boss is now 15 days late in paying me and doesn't speak English. I've told my Korean supervisor that I really need to get paid but she will not translate for me. Every couple days I just hear a new excuse. Today when I asked my supervisor when we'd be paid she said hopefully before the holiday next week. I told her I really need to be paid soon and she shrugged and walked away.

At this time, our director is also late in paying the Korean teachers and the pay period before she paid them nearly three months late. I could write pages about the lack of professionalism and mismanagement about this particular hagwon, but I'll spare everyone that. At this point, I'm not so interested in getting paid as I am in getting out of this place because I don't think this school is financially sound.

So my question is, at this point do I have legal ground to ask for a letter of release? My boss has a rather explosive personality and to be honest, I'm really not sure what her reaction will be. I'm willing to endure 30 days of her wrath if its a sure thing that I can get a letter of release and transfer to another school. I'm just nervous that she will try to manipulate things in some way. What if she pays me as soon as I give her my notice and then refuses to give me the letter? Can I still refuse on the grounds that she's broken the contract?

Thanks in advance for any help you may have to give. Before I act, I just want to make sure I've got my bases covered. I really don't want to hurt my school, but I also don't want to be a volunteer English teacher.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Fri Sep 25, 2009 12:24 am    Post subject: Reply with quote

http://www.google.com/custom?hl=en&client=pub-7323788768316388&channel=3837446219&cof=FORID%3A13%3BAH%3Aleft%3BS%3Ahttp%3A%2F%2Fwww.dmitryvolokhov.com%3BCX%3AGoogle%2520Dave%2527s%2520ESL%2520Cafe%3BL%3Ahttp%3A%2F%2Fcreatr.cc%2Fcreatr%2Flogo%2FDaves_ESL_Cafe_Custom_Search.png%3BLH%3A43%3BLP%3A1%3BVLC%3A%23551a8b%3BGFNT%3A%23666666%3BDIV%3A%23cccccc%3BKMTC%3A%233333ff%3BKMTVC%3A%23663399%3BKMUC%3A%23009900%3B&adkw=AELymgX0qzP57zZ1bQXZI_KB_ERtOMsxMaH2dm5nC1PqbniiNNYTVSsC7av8xUb0DkRx8GpQjyuQJFzOjUv3FO5pEbGOV68EwDNSadHIFCq5TTXhB5cGAtJkRiVGPOtacYqpVLR9S9Q3y2eZaGz2KVqYAV1aC6N2oDz-X_eLn48ukt1eByu4erU&boostcse=0&q=letter+of+release+&btnG=Search&cx=006359271486458796786%3A_ooozypbm6u



http://www.google.com/custom?hl=en&client=pub-7323788768316388&channel=3837446219&cof=FORID%3A13%3BAH%3Aleft%3BS%3Ahttp%3A%2F%2Fwww.dmitryvolokhov.com%3BCX%3AGoogle%2520Dave%2527s%2520ESL%2520Cafe%3BL%3Ahttp%3A%2F%2Fcreatr.cc%2Fcreatr%2Flogo%2FDaves_ESL_Cafe_Custom_Search.png%3BLH%3A43%3BLP%3A1%3BVLC%3A%23551a8b%3BGFNT%3A%23666666%3BDIV%3A%23cccccc%3BKMTC%3A%233333ff%3BKMTVC%3A%23663399%3BKMUC%3A%23009900%3B&adkw=AELymgX0qzP57zZ1bQXZI_KB_ERtOMsxMaH2dm5nC1PqbniiNNYTVSsC7av8xUb0DkRx8GpQjyuQJFzOjUv3FO5pEbGOV68EwDNSadHIFCq5TTXhB5cGAtJkRiVGPOtacYqpVLR9S9Q3y2eZaGz2KVqYAV1aC6N2oDz-X_eLn48ukt1eByu4erU&boostcse=0&q=LOR&btnG=Search&cx=006359271486458796786%3A_ooozypbm6u
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rose374



Joined: 26 Jul 2009

PostPosted: Sun Sep 27, 2009 5:39 am    Post subject: Reply with quote

Thank you so much for these links! I'd tried typing 'release letter' in the search box for this site, but never found all of this.

This weekend I contacted my recruiter to tell her my pay is nearly 20 days late and at this point I really don't trust my boss and want to resign. It sounds as though the recruiter doesn't want to help me though. She wants me to wait till my three month point and then resign. (I'm guessing this is because of money?) But I don't really want to spend any more time at this school. My boss has tried to feed me the most ridiculous lies and in addition to this her Korean teachers are also on the verge of quitting because their pay is already 2 months late.

In reading these posts, I came across a thread that mentioned leaving Korea on an overnight ferry to Japan and then re-entering the next day as a tourist and getting a new job then. Is this legal? I still plan to give my boss the 30 day notice, but if she refuses to give me the letter of release I'd like to know if this is another option for getting another job here.

Thank you so much!
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Carla



Joined: 21 Nov 2008

PostPosted: Sun Sep 27, 2009 6:09 am    Post subject: Reply with quote

rose374 wrote:
Thank you so much for these links! I'd tried typing 'release letter' in the search box for this site, but never found all of this.

This weekend I contacted my recruiter to tell her my pay is nearly 20 days late and at this point I really don't trust my boss and want to resign. It sounds as though the recruiter doesn't want to help me though. She wants me to wait till my three month point and then resign. (I'm guessing this is because of money?) But I don't really want to spend any more time at this school. My boss has tried to feed me the most ridiculous lies and in addition to this her Korean teachers are also on the verge of quitting because their pay is already 2 months late.

In reading these posts, I came across a thread that mentioned leaving Korea on an overnight ferry to Japan and then re-entering the next day as a tourist and getting a new job then. Is this legal? I still plan to give my boss the 30 day notice, but if she refuses to give me the letter of release I'd like to know if this is another option for getting another job here.

Thank you so much!


First, a lot of recruiter contracts say if you quit in less than 3 months, the recruiter has to refund the fee. So, don't believe anything she says because she has just confirmed she is only out for herself and is actively trying to screw you.

That said, you don't need a letter of release, it is worthless for you. The only thing it does is allow you to tranfer your visa but that only works if you've been here on 1 visa for 9 months. Now, you could get an immigration officer who might let you slide if you use your 4-leaf clover, monkey's paw, rabbit's foot, lucky underwear, etc. But chances are slim.

You can just get on a ferry, and re-enter on a tourist visa. Just letting you know, you will have to have a completely new E-2. I don't think you will need a new CBC, but I haven't seen the regulations on changing E-2's, and on here, people have said both ways.
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rose374



Joined: 26 Jul 2009

PostPosted: Sun Sep 27, 2009 7:30 am    Post subject: Reply with quote

Thank you SO much for your advice! Now, I just need for my boss to give me my ARC and return my diploma, right? October 10th is my three month point. I keep asking for these, but the answer I get from my boss and my recruiter is that she has three months and it's not a big deal.

Do you think it's worth it to begin trying to get another CBC just in case?
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Carla



Joined: 21 Nov 2008

PostPosted: Sun Sep 27, 2009 8:45 am    Post subject: Reply with quote

rose374 wrote:
Thank you SO much for your advice! Now, I just need for my boss to give me my ARC and return my diploma, right? October 10th is my three month point. I keep asking for these, but the answer I get from my boss and my recruiter is that she has three months and it's not a big deal.

Do you think it's worth it to begin trying to get another CBC just in case?


Ya, ok, let me ask... because I'm confused. Does your boss have your ARC, or has he not applied for it yet? If he has it, there is absolutely no reason for him not to give it to you. You legally have to have it or your passport on you at all times. Where is your passport?

Your diploma, say you need it to sign up for a tesol course. Get it back ASAP.
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Konglishman



Joined: 14 Sep 2007
Location: Nanjing

PostPosted: Sun Sep 27, 2009 9:08 am    Post subject: Reply with quote

Carla wrote:
rose374 wrote:
Thank you SO much for your advice! Now, I just need for my boss to give me my ARC and return my diploma, right? October 10th is my three month point. I keep asking for these, but the answer I get from my boss and my recruiter is that she has three months and it's not a big deal.

Do you think it's worth it to begin trying to get another CBC just in case?


Ya, ok, let me ask... because I'm confused. Does your boss have your ARC, or has he not applied for it yet? If he has it, there is absolutely no reason for him not to give it to you. You legally have to have it or your passport on you at all times. Where is your passport?

Your diploma, say you need it to sign up for a tesol course. Get it back ASAP.


I agree with Carla. Your boss should not be keeping your diploma. You need to get it back as soon as possible. That said, this could turn into a tricky situation since your boss could decide to hold your diploma hostage in order to get you to do what she wants. Of course, you could order a new diploma from your university, but that would likely cost you several hundred dollars as you will likely need a notarization for your request among other things. On the other hand, if you are not being paid and cannot get your diploma back, then getting a new diploma might be a worthwhile investment.
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rose374



Joined: 26 Jul 2009

PostPosted: Sun Sep 27, 2009 5:53 pm    Post subject: Reply with quote

Thanks again for the advice! Just to clarify...my boss hasn't given me back my diploma. She keeps telling me that it's at immigrartion and she needs to pick it up. I'm pretty sure she's not gotten my ARC document yet. I've been asking the recruiter about this but she says that my boss has 90 days. My understanding was that she'll get my diploma back with the ARC document. Do you think it'd be worth making a trip to the immigration office with some Korean friends to try to just get my diploma back myself?

At this point, I really don't know if she'll buy my excuse to need it for registering for a class because I've already asked for it several times.
It's definitely worth a try though.

Getting another diploma from home might not be too terribly difficult. My parents signed to be my power of attorny before I left so this might help.

I have my passport, thankfully!

Just one more question... if I go to Japan without the ARC can I still re-enter and find work or is it necessary to give this to them when I leave?

Thanks again for your advice! I never imagined things would come to this!
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DAC



Joined: 14 Aug 2009
Location: South Korea

PostPosted: Sun Sep 27, 2009 6:14 pm    Post subject: Reply with quote

Save yourself a LOT of headaches by finding out what your rights and your boss's rights are...contact a labour lawyer.

Any lawyer should give you an initial 30 min-1 hour consultation free.

If you don't know any labor lawyers, PM me and I'll send you name and number.
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rose374



Joined: 26 Jul 2009

PostPosted: Sun Sep 27, 2009 6:19 pm    Post subject: Reply with quote

sorry, i can't pm anyone until i've made 25 posts!

i just talked to my parents and they said they've found my extra diploma at home so this is good news. i'm about to meet with a good Korean friend and will ask her about contacting a labor lawyer too. not sure how else you could get this info to me without the pm.

thanks again everyone! will keep you posted.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Sun Sep 27, 2009 7:12 pm    Post subject: Reply with quote

Get your diploma. She has it. If she inisists that she doesn't have it, call immigration at 1345 and also visit immigration and ask them. Before contacting immgration though, tell her that immigration do not keep the original diploma. They give it back. Sounds like you applied overseas and this is your first visa. Immigration DO NOT KEEP YOU DIPLOMA. SHE'S LYING. DEMAND YOUR PAY! DON'T BUDGE! SIT IN HER OFFICE AND TELL HER YOU WANT YOUR MOD EDITING PAY!

Next, get your medical and get your alien card. You need to get this. If you don't, you could be fined if you don't do it within the 90-day life of your visa. After that, you'd be overstaying. Probably would get you 100,000 per month fine. When you have your alien card and you quit or get fired. You can cancel the ARC and get a 30-day exit order from immigration. Gives you 30 days after your last teaching day to leave the country. They cancel the ARC and give you an exit order on paper that they usually staple inside your passport.

How many students do you have? How many teachers are there? That will give you a good indication of how much money she makes. She probably has the money, but she's a total tyrant. Get on her arse and shout if you have to. Make a scene. Don't teach any longer. Go to work, but refuse to teach. She's going way overboard. Now it's time for you to go overboard with her.

Diploma
Money
Quit

In that order.

No diploma and no money? Call immigration and file a complaint with the labor board. She's past her 15 days. Now she's violating labor regulations/law.

Does it state in your contract that your employer pays for visa costs? Or pay for the medical. Usually schools pay for that. You could bring that up to labor, too.

I think that you just may have to file with labor, but try to get your diploma and money beforehand. Tell her you're going to immigration to get you diploma and it'll probably magically appear.
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rose374



Joined: 26 Jul 2009

PostPosted: Mon Sep 28, 2009 5:40 pm    Post subject: Reply with quote

Thanks Yingwenlaoshi!

There are around 50 students at our school and three teachers including myself. The school has only been open since March.

If I understand you correctly, I can remain in Korea for 30 days after I've quit but this is contingent on my boss giving me the ARC document right? I've been asking for this for a long time, but she keeps saying next week, next week and my recruiter says that she has 90 days so I don't feel like I've really got any grounds to put pressure on her. October 10th is my 90 day point so she's got to do it before then right? I always thought that it would be her, not me, who would get in trouble if this wasn't done since it seems like she's the only one with the power to do it.

To answer your question about the visa costs, she paid for my E2 visa and my understanding has always been that only she has the power to register me for my ARC document. There's no way I could do this on my own, right? My contract doesn't include any language about who pays for the visa costs but it does say that my boss will pay for half of my medical. I'm sure she's not paying this though because I don't have the ARC yet, and this is needed for the insurance.

Thanks again to everyone who's responded! I never imagined things would come to this! It's all a bit overwhelming, but I guess one day at a time =)
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DAC



Joined: 14 Aug 2009
Location: South Korea

PostPosted: Mon Sep 28, 2009 8:18 pm    Post subject: Reply with quote

Rose, I've sent you a private message which you can see if you click on "Inbox" when you log in.
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rose374



Joined: 26 Jul 2009

PostPosted: Tue Sep 29, 2009 8:01 am    Post subject: Reply with quote

Thank you so much!
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KimchiExplosion



Joined: 01 Jul 2007
Location: Nowhere near Seoul

PostPosted: Tue Sep 29, 2009 9:03 pm    Post subject: Reply with quote

Are you still actively teaching? I'd adopt a "no-pay-ee, no teach-ee" positon if I were you.
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