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Dismissal at 5 months

 
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david



Joined: 31 Oct 2003

PostPosted: Mon Dec 14, 2009 12:31 pm    Post subject: Dismissal at 5 months Reply with quote

Sometimes people get dismissed from jobs. I got dismissed from my job after a shouting match that I quickly walked away from on Friday. My boss brought me into the office and I cooled off.

I taught the rest of my classes that day and got an unwelcome surprise on Sunday from my recruiter. ( A translated e-mail telling me that my last day was this coming Friday. ) I will admit to not being perfect on the job: On two occasions I was late by by five minutes. By this I mean I came to my first class five minutes late and would be considered more late if you include expected arrival time. ( Alarm clock broke and I got on the wrong bus. )

Aside from two late arrivals and two shouting matches I have done what I've been asked to do at work with a minimum of support and direction from the staff at the school. I have taught some completely disrespectful classes, made the most of a trying situation, and can't seem to do a thing right in the eyes of my employer.

Is the notice being given me illegal? I know one week's notice is unprofessional anywhere , but do I have any legal case against the school given my E2 visa status and valid ARC? Finding a new job takes time and I don't have a chance to get unemployment benefits as I would at home if unemployed. What can I do to get the school to give me a month as they'd expect from me?

I am not a jerk. The incidents at my school when I got into arguments with two teachers were five months apart, instigated by the Korean party, and quickly defused. I am not opposed to leaving the job, but am very much appalled by one week's notice.

Suggestions?
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DHC



Joined: 15 Jan 2003

PostPosted: Mon Dec 14, 2009 1:09 pm    Post subject: Reply with quote

If they pay you one month's salary the short notice is legal.
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david



Joined: 31 Oct 2003

PostPosted: Mon Dec 14, 2009 1:20 pm    Post subject: Reply Reply with quote

DHC:

What do you mean by that. My monthly pay is typically received on the 27th of each month. At the moment they wish me to leave on the 21st. Should I request my full month's pay on the day that I move out?

Do you think they'll give me a month out of goodwill? ( Notice ) What should I do if I don't receive a month's pay? Who should I contact?

Thanks for the first reply and the same goes for the second if one comes up.
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sigmundsmith



Joined: 22 Nov 2007

PostPosted: Mon Dec 14, 2009 2:26 pm    Post subject: Reply with quote

Check your contract. It should say something about termination and giving notice. In general each party should give 30 days notice.

In your case you have not been given 30 days notice. So they should pay you an extra full months pay. Contact the labor board to confirm this.

Regarding you finishing on the 21st and you get paid on the 27th I am not sure about whether you should get the full months pay for that.

Before enquiring about money I would get it in writing from your boss when you were notified of your termination and what they have requested your last day to be. Get it signed by the employer (dont just get an email sent to you) and then the next day take that and your contract with you to them and show them that they must give you 30 days notice or one months pay.
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Mon Dec 14, 2009 2:36 pm    Post subject: Reply with quote

5 month firing=arriving flight reimbursement. 99% Of employment contracts out there have this clause, double check ASAP. You may have just cut your last paycheck in half and I suspect that is the real reason they fired you.

30 day is the legal minimum. Two 5 minute late arrivals do not warrant termination. Get everything they've said in writing, signed. Collect all your lesson plans that you've completed, pretty much anything that you taught, as proof of your efforts. Also, collect any evidence of negligence on their part, if any. If they've emailed you before, try to keep the dialogue going, remember, at this point, you are trying to build a case. Document as much as possible. Make sure you get pay stubs for the months you've worked. Ask when your last day of employment is and when you will get your apartment security deposit. Try to find your apartment building owners cell number to verify any claims they might make about the return condition of the apartment.

You can try to work things out with them if you want, but this case sounds like a director who will not be willing to bend. Typical crapwon owner, who needs to be stopped.

I would recommend this case should go before the labor board if you want to recoup any damages. If you want legal assistance, PM me and I can recommend. An attorney isn't necessary, but I recommend it.

Beware of apologists who will respond to this thread, painting you as the aggressor.

Please keep us posted
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CentralCali



Joined: 17 May 2007

PostPosted: Mon Dec 14, 2009 2:50 pm    Post subject: Reply with quote

Since you do not work for your recruiter, it is not your recruiter who can fire you. That "honor" goes to your actual employer. If I were you, I would keep showing up for work until the employer fires me in writing.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Mon Dec 14, 2009 3:23 pm    Post subject: Reply with quote

call the labor board and ask for advice. 5th month firing are starting to get the same notoriety as 11th month firings - a way for the employer to get out of paying things like severance or, in this case, forcing you to repay airfare. also, you are required to get notice in writing from your employer (not recruiter) 30 in advance or 30 days pay in lieu of notice.

the english consultation line number is at the link below, on the top right.

http://www.molab.go.kr/english/main.jsp
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teacherinseoul



Joined: 18 May 2008

PostPosted: Mon Dec 14, 2009 4:21 pm    Post subject: Reply with quote

As has been mentioned, they must give 30 days notice, or 30 days pay in lieu of the notice.

They must also give you written notification stating reasons for dismissal. My understanding is that the 30 day term of notice only kicks in after they've given you the written notice.

Let them know that you understand the labor law. If they don't change their tune, then you can get the labor board to take action. Heck, the labor board could even get you re-instated in your job (making the school pay back wages for unfair dismissal).
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caribmon



Joined: 26 Oct 2009

PostPosted: Mon Dec 14, 2009 4:47 pm    Post subject: Reply with quote

Employers do not have to give notice. Employees do not have to give notice. Not even in western countries. When you need to fire someone or quit, you just do it. If there's no 'just cause' for a firing, the employer sometimes has to pay a bit of money, but not by the book. It's usually a negotiation because if it goes to court nobody has any money left after legal fees. You aren't going to get a dime in Korea. Every minute and every dime you spend fighting comes right out of your food budget. You will have to pay your flight back. My contract even says I have to pay my own flight back and I have to reimburse the school for the initial flight. They're even threatening to take more money off for other things.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Mon Dec 14, 2009 5:08 pm    Post subject: Reply with quote

caribmon wrote:
Employers do not have to give notice. Employees do not have to give notice. Not even in western countries. When you need to fire someone or quit, you just do it. If there's no 'just cause' for a firing, the employer sometimes has to pay a bit of money, but not by the book. It's usually a negotiation because if it goes to court nobody has any money left after legal fees. You aren't going to get a dime in Korea. Every minute and every dime you spend fighting comes right out of your food budget. You will have to pay your flight back. My contract even says I have to pay my own flight back and I have to reimburse the school for the initial flight. They're even threatening to take more money off for other things.


100% wrong. Ignore this.

Here is the law. Read it. Learn it. Love it.

http://www.dmitryvolokhov.com/pdf/Korean%20Labor%20Standards%20Act%20-%20Searchable%20PDF.pdf

Article 26,27,28 pertain to employee dismissal.
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jinju necklace



Joined: 15 Jun 2009

PostPosted: Mon Dec 14, 2009 10:18 pm    Post subject: Reply with quote

OculisOrbis,

That version is from 1997. Here is a link to a version from 2007: http://forums.eslcafe.com/korea/viewtopic.php?t=91053

Check out Article 35. If you have been employed as a monthly-paid worker for less than six months then you are not entitled to 30 days notice. Employers do not need to give you advance notice of dismissal.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Mon Dec 14, 2009 10:29 pm    Post subject: Reply with quote

the link i posted is the same document as yours. they're both the amended 2007 version.

take it labor board anyway. they still have to prove justifiable reason for termination - in addition to the employer providing the termination in writing detailing the reasons, not an email from the recruiter.

if you file a claim and lose, it doesn't hurt you, but it puts it on record for the employer the next time they pull it on a new employee. if labor board starts to see a pattern with the companies repeated 5th month firings (as they are already seeing in the hagwon industry), they will likely question the 'justifiable' reasons and start awarding the ex-employee.
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Juregen



Joined: 30 May 2006

PostPosted: Mon Dec 14, 2009 11:29 pm    Post subject: Reply with quote

caribmon wrote:
Employers do not have to give notice. Employees do not have to give notice. Not even in western countries. When you need to fire someone or quit, you just do it. If there's no 'just cause' for a firing, the employer sometimes has to pay a bit of money, but not by the book. It's usually a negotiation because if it goes to court nobody has any money left after legal fees. You aren't going to get a dime in Korea. Every minute and every dime you spend fighting comes right out of your food budget. You will have to pay your flight back. My contract even says I have to pay my own flight back and I have to reimburse the school for the initial flight. They're even threatening to take more money off for other things.


You watch too many movies.
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