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hoopslam
Joined: 19 Oct 2009
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 Posted: Thu Jun 03, 2010 5:41 am Post subject: Legal to run? |
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Has anyone ever gotten or heard of someone getting sued/legally pursued for running on a hagwon job? What are Korea's labor laws regarding pulling a runner?
I called in today and told my manager that I'm done with my hagwon. This wasn't completely out of the blue because I told him I was quiting a few weeks ago. I didn't show up to work today not only because I want to stop working as soon as possible but also because I had to go to the hospital because I have acute bronchitis...
After our unpleasant phone conversation, he calls back an hour later and tells me that if I walk away just like that the hagwon will consult their lawyers and pursue legal actions for defamation/some BS... Now, I'm pretty certain that there isn't much they have in a legal case against me since I hear people running all the time without consequence...however, I'm not so sure I can call my manager's bluff as it seems like he's gone all in here and just possibly crazy enough to get some legal shit going.
I just want my last month's paycheck and get on with my life...Do they have any right to withhold my last paycheck or sue me for some sort of monetary compensation for me leaving? By the way, I bought my own plane ticket and have my own apartment in Korea. |
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moosehead
Joined: 05 May 2007
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| Posted: Thu Jun 03, 2010 6:06 am Post subject: Re: Legal to run? |
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| hoopslam wrote: |
I called in today and told my manager that I'm done with my hagwon. |
mistake #2
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| This wasn't completely out of the blue because I told him I was quiting a few weeks ago. |
this was mistake #1
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| I didn't show up to work today not only because I want to stop working as soon as possible . |
mistake #3
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I just want my last month's paycheck and get on with my life...Do they have any right to withhold my last paycheck or sue me for some sort of monetary
compensation for me leaving? |
they can/will pretty much do whatever they want, especially with your last paycheck and since you've already given them a heads up as to your plans (see above)
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| By the way, I bought my own plane ticket and have my own apartment in Korea. |
that's good because you'd be kicked out of your place otherwise. if you have your own apt, did you put up the key money? if so, you're risking losing it if you break your lease.
anyway, live and learn. good luck  |
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hoopslam
Joined: 19 Oct 2009
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| Posted: Thu Jun 03, 2010 6:15 am Post subject: |
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Yeah, I put my own money down for key money and I don't plan on leaving Korea, just leaving the job, I actually really like it here...outside of work. Basically, I'm more concerned about a possibility of getting blacklisted/them legally being able to withhold my last paycheck than anything else.
I've given them blood and sweat and I get a possible lawsuit in return...-_- |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Jun 03, 2010 8:00 am Post subject: |
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| hoopslam wrote: |
Yeah, I put my own money down for key money and I don't plan on leaving Korea, just leaving the job, I actually really like it here...outside of work. Basically, I'm more concerned about a possibility of getting blacklisted/them legally being able to withhold my last paycheck than anything else.
I've given them blood and sweat and I get a possible lawsuit in return...-_- |
Your case is quite a bit different from the typical "runner" precisely because you are not a runner. You have your own apartment with your own key money, so you can't run at all ... and if you can't run, you are available for legal action and legal consequences for damages (if there are any) based on breach of contract (if you have one).
You should be able to collect your final month's pay, although it may require some paperwork and time consuming process through the labor office and courts. But, while you do this, your former employer has the same time to go after you for damages, if there are any.
In fact, you have assets that can be attached in case you lose a court case, a permanent address which can be used to locate you and force you to eventually face the legal action.
So, the big questions would be:
Are you on an E2 visa or some other kind of visa?
What does your contract say?
How long have you been working?
What are your reasons for leaving? Was there any prior breach of contract by your employer or some other intolerable working conditions that justifies you're failure to report to work?
You can't run. You have tied yourself to Korea. You need to act in a more serious, responsible and determined manner. Apparently it's too late, but your resignation should have taken these factors into account. You should have given your boss the required contractural notice. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Jun 03, 2010 8:52 am Post subject: |
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| If you're on an E2 visa, your boss can (and most certainly will) cancel it tomorrow. Personally I would have waited until payday to leave. But as ontheway said, you're tied to Korea and can't really do a proper runner. If you're here on some other type of visa, then that's another story. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jun 03, 2010 5:29 pm Post subject: |
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| hoopslam wrote: |
Yeah, I put my own money down for key money and I don't plan on leaving Korea, just leaving the job, I actually really like it here...outside of work. Basically, I'm more concerned about a possibility of getting blacklisted/them legally being able to withhold my last paycheck than anything else.
I've given them blood and sweat and I get a possible lawsuit in return...-_- |
IF you are in your own apartment then there is virtually nothing they can do to you other than cancel your E2.
Most of his noise is nothing more than bluster in the wind.
LEGALLY they CANNOT compel you to work (labor standards act).
Morally (and a civil matter) is the breach of contract.
Your visa is another matter to consider. If you are on an F2/4/5 then no worry.
If you are on an E2/7 then you have 14 days to:
a.) report to immigration that you are no longer working and get a 30 day (from your last day of work) exit order
b.) leave the country.
If you were working on an tourist stamp then you have put yourself at great risk (your ex-employer may report you for illegal activities).
You can probably kiss your last paycheck goodbye. You will have to fight to get any of it (labor board tribunal) and they have your breach of contract to off-set your salary claim.
. |
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balzor
Joined: 14 Feb 2009
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| Posted: Thu Jun 03, 2010 5:50 pm Post subject: |
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| ttompatz wrote: |
| hoopslam wrote: |
Yeah, I put my own money down for key money and I don't plan on leaving Korea, just leaving the job, I actually really like it here...outside of work. Basically, I'm more concerned about a possibility of getting blacklisted/them legally being able to withhold my last paycheck than anything else.
I've given them blood and sweat and I get a possible lawsuit in return...-_- |
IF you are in your own apartment then there is virtually nothing they can do to you other than cancel your E2.
Most of his noise is nothing more than bluster in the wind.
LEGALLY they CANNOT compel you to work (labor standards act).
Morally (and a civil matter) is the breach of contract.
Your visa is another matter to consider. If you are on an F2/4/5 then no worry.
If you are on an E2/7 then you have 14 days to:
a.) report to immigration that you are no longer working and get a 30 day (from your last day of work) exit order
b.) leave the country.
If you were working on an tourist stamp then you have put yourself at great risk (your ex-employer may report you for illegal activities).
You can probably kiss your last paycheck goodbye. You will have to fight to get any of it (labor board tribunal) and they have your breach of contract to off-set your salary claim.
. |
This^^ I wouldn't expect it any time soon if at all |
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tigershark
Joined: 13 Aug 2009
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| Posted: Thu Jun 03, 2010 6:50 pm Post subject: |
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Everyone knows that if you're going to do a runner you should A.) not tell anyone and then B.) Get your affairs in order. C.) Wait till you get paid and finally D.) Run.
But live and learn. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Jun 03, 2010 7:48 pm Post subject: |
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| ttompatz wrote: |
[q
If you were working on an tourist stamp then you have put yourself at great risk (your ex-employer may report you for illegal activities).
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His ex-employer is not likely to do anything of the kind. He would get in trouble as well. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jun 03, 2010 7:57 pm Post subject: |
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| TheUrbanMyth wrote: |
| ttompatz wrote: |
[q
If you were working on an tourist stamp then you have put yourself at great risk (your ex-employer may report you for illegal activities).
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His ex-employer is not likely to do anything of the kind. He would get in trouble as well. |
Wouldn't be the first time I watched an employer cut off their nose to spite their face. |
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