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Bollocks
Joined: 12 Feb 2009
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Posted: Sun Feb 14, 2010 4:44 am Post subject: Airfare reimbursement and Early termination of Contract |
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My employer terminated my contract after 4 months. I wasn't able to find another job in Korea, so I'm heading back to Canada.
Legally, who owes who?
He argues that since my contract was broken before 6 months, I owe him for the cost of my flight over.
I say that because he fired me, he owes me a ticket home.
Which of us is right?
Do I need a lawyer? |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Sun Feb 14, 2010 5:31 am Post subject: |
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If you have time and money to hang around Korea, you should go to the labour board. But it's no guarantee that you'll get anything. Lots of people complain to the labour board and they do nothing. Some people have had success, but in the mean time you'll have to spend money on a place to stay (i.e. hotel).
For the off chance that you're successful and get paid, it's probably not worth it. If you are still at your current job hoping to get a last month of salary, forget about that. You won't see a dime of your last pay. Your employer is going to keep it and claim that it is covering the airfare, recruiter fee, utilities, etc. Just leave. Book a flight home and leave. If you really want to stay then get a letter of release and have your visa transferred over to another school. |
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dragon777
Joined: 06 Dec 2007
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Posted: Sun Feb 14, 2010 5:45 am Post subject: |
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| Cut your losses and just leave. However make yourself feel good and report him to the Labour Board. They are a toothless tiger as I have found out. But by reporting them they only have three lives as I have been told in the past. This may or may not be true. However, an ex-employer did get extremely violent and angry upon being reported. |
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Bollocks
Joined: 12 Feb 2009
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Posted: Sun Feb 14, 2010 5:47 am Post subject: |
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I'm already on my way out, actually. I tried to find other jobs, but they ask him for a reference, and he gives bad ones. So, nobody is hiring me.
I already reported him to the labor board.
Some time ago, the director of the school on Jeju hired and fired 3 Korean teachers in a row. They were all dismissed 11 months into their contract. If they had worked for a full 12 months, he would have been required to pay them extra. He fired them, and they never received severance pay. Maybe it is a coincidence that they all were fired before their bonus was due.
When I came to the job, I replaced another Native Language teacher. He had left the job after 4 months. I don�t know why he left. I do not know if he was fired. But, Native language teachers are required to reimburse the school for the cost of airfare if they leave before 6 months. And the American owed the Jeju director 1,000,000KRW at the end of his contract. Maybe this is a coincidence.
I cannot prove that the director on Jeju has done anything immoral. Maybe he has very bad luck. He certainly has a very high employee turnover rate. 3 Koreans and 2 Native teachers were all let go under similar circumstances. Maybe it is a coincidence that everyone stops working there exactly before they would become expensive.
I sincerely hope to take him down. Such a person should not be in business. But so far I don't have a G-1 visa, and I have to leave by the 20th of February. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Sun Feb 14, 2010 5:53 am Post subject: |
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| Please tell us that you aren't still working at the school. |
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dragon777
Joined: 06 Dec 2007
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Posted: Sun Feb 14, 2010 5:59 am Post subject: |
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| Forget Jeju-Do and right off your experience as an English teacher there. That place is thick as thieves concerning most things, especialy English teaching and the people they employ. Been there and done that. You are just wasting your time. Just pull out and put it down to experience, sorry bro. |
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Bollocks
Joined: 12 Feb 2009
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Posted: Sun Feb 14, 2010 6:39 am Post subject: |
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I hear you.
I've a years experience in Seoul with a really great school full of people that I really enjoyed working with. Every recruiter that I've talked to has been torn. On one hand, I've got great references from my Seoul wongjon nim, and my co-teachers calling to vouch for me.
On the other hand, I've got *THIS FUCKING GUY* on Jeju that I can't get rid of. This is what I get for not going through a recruiter, I suppose.
Anyways, the current plan is to go sit in Canada for a few months, wait for them to give me another CRC, then come back to Korea in the Summer. I think that SMOE in August would work pretty well. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Sun Feb 14, 2010 8:38 am Post subject: |
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You have a whole week. You have 2 options.
Go up to Seoul. Stay at a yogwan (like a pension/hostel). Go to visit the schools there (there are literally thousands) and ask them if they are looking to hire a full time teacher. Tell them your situation. If they are interested in hiring you, then you can ask them to put pressure on your current employer to give you the release letter. Koreans can put the pressure on other Koreans a lot better than you or I can. If a school will do this and give you a contract, then you just need to either go to Japan for a visa run (come back as a tourist) or the school might even help you get a G visa (not sure if that's the category or not) to extend your time while you sue your current employer.
Option 2. Contact as many recruiters as you can find. There are lots of them on Dave's. Tell them your situation. Say that you are already here, so you don't need airfare, you can start ASAP, you have your documents (you did bring a second copy, right?). Tell them that if they can get you the release letter and the school will send you to Japan for the E2 visa run (if it can't be just transferred to your next school) that you can start right away. There are always schools that need a teacher to start yesterday. If you're in country and can go for an interview, all the better.
Things to consider:
- Just to know, if you really want to hang out a bit longer in Korea (either to pursue legal action against your employer or to job hunt) you can make a really cheap run to Fukuoka for well under 400,000 Won (transport and 1 night hotel).
- If you have to buy your own ticket back to Canada, then why go back now? Why not head off to somewhere else in Asia and teach there until the summer? In Asia there is definitely no shortage of ELT jobs. |
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Bollocks
Joined: 12 Feb 2009
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Posted: Sun Feb 14, 2010 10:19 am Post subject: |
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Tell me about ELT jobs in Asia.
My problem is that I need a CRC. I have everything else on hand. Transcripts, degree, TEFL certificate, letter of reference from my boss in Seoul. But no CRC.
Canada takes months to issue a criminal background check. I don't want to go back there, but it looks like I must go back, ask for another CRC, and then sit on my ass for six months while I wait for them to give me a document confirming the same thing they already said in 2008. It's pointless and stupid and I hate it.
I would love to not go back home. And I am visiting my friends in Seoul on Wednesday. We planned to go out drinking together, but I could probably look for jobs, too.
Problems: I don't have a CRC. And, the bastard refused to give me a letter of release. My visa is canceled. I must leave by the 20th.
I've contacted recruiters, but thus far they've all wanted to know what I've been doing on Jeju for the past months. I started out by saying that I quit under good terms. That didn't work out well. Lately I've admitted that I was fired. That has been better met by recruiters, but still not job offers. School owners in Korea want a person that can interview in person. I'm stuck on Jeju. Maybe when I'm in Seoul I can hit up a few people, but where to begin?
Right now, I just want to get my plane ticket paid for. Ideally I could sue him as well and put a stop to his ongoing farce as well. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Sun Feb 14, 2010 1:38 pm Post subject: |
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1. Canadian CRCs don't take months. You don't need the vulnerable sector search. Just the general check. They do it on the spot. Takes 5 minutes. It's possible (not sure how probably but other people have done this) that your mother or father could go in and have it done for you and then FedEx it to you.
2. Why are you stuck in Jeju? Your job is finished there. |
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Bollocks
Joined: 12 Feb 2009
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Posted: Sun Feb 14, 2010 5:24 pm Post subject: |
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What? 5 minutes? Since when?
I've had two criminal record checks done. One so I could be a facil at my university's frosh week, the other so I could come to Korea. Both took several months.
Is there some area in Canada where they can do them quickly? I'd like to drive there.
As for "stuck" on Jeju: Not really. But I don't have the cash reserves to stay in a hotel in Seoul indefinitely. |
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