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Breaking the Contract and Leaving Early

 
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teacher38



Joined: 02 Sep 2010

PostPosted: Sat Sep 04, 2010 8:17 pm    Post subject: Breaking the Contract and Leaving Early Reply with quote

I have been working at my hagwon for 6 1/2 months on an E-2 visa and I can't stand working there anymore. Their is a huge list of reasons why I want to break my contract and I will save everyone from reading them all. I'm not tellling my work and after I get paid I will be leaving a couple days after.

My question is can my boss hold me in anyway at the airport with immigration because I'm breaking my contract? My contract states "In the case of the termination of this contract within a year, regardless of course or ground therefore, Employee shall immediately pay back the Employer the above mentioned loan" which is refering to my original airfare to Korea. Will I be forced in anyway to pay this? I just want to leave the country and I don't care about ever coming back to Korea.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Sep 04, 2010 8:24 pm    Post subject: Re: Breaking the Contract and Leaving Early Reply with quote

teacher38 wrote:
I have been working at my hagwon for 6 1/2 months on an E-2 visa and I can't stand working there anymore. Their is a huge list of reasons why I want to break my contract and I will save everyone from reading them all. I'm not tellling my work and after I get paid I will be leaving a couple days after.

My question is can my boss hold me in anyway at the airport with immigration because I'm breaking my contract? My contract states "In the case of the termination of this contract within a year, regardless of course or ground therefore, Employee shall immediately pay back the Employer the above mentioned loan" which is refering to my original airfare to Korea. Will I be forced in anyway to pay this? I just want to leave the country and I don't care about ever coming back to Korea.


Leave on a Friday and don't look back. He won't know you are gone until sometime Monday. Just hand in your ARC on your way out and tell the officer at passport control that you quit and have no plan to return. (they will cancel your visa - enabling you to seek work here again if you so desire.

He can't get you stopped at immigration over a contract dispute.

In order to get you stopped he would have to file criminal charges and breach of contract is not criminal.

.
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teacher38



Joined: 02 Sep 2010

PostPosted: Sat Sep 04, 2010 8:33 pm    Post subject: Reply with quote

I am leaving on a Friday but my flight is not until Tuesday (due to cheaper flights) so he will know I left work before I am able to flee the country. However, even with him knowing, I hope there is nothing he can do.
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Sat Sep 04, 2010 9:59 pm    Post subject: Reply with quote

teacher38 wrote:
I am leaving on a Friday but my flight is not until Tuesday (due to cheaper flights) so he will know I left work before I am able to flee the country. However, even with him knowing, I hope there is nothing he can do.

He can't get you stopped at immigration over a contract dispute.

In order to get you stopped he would have to file criminal charges and breach of contract is not criminal.
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Sat Sep 04, 2010 10:45 pm    Post subject: Reply with quote

Nonetheless, it's better for everyone to leave on a Friday.

You can always leave on a Friday to Tokyo or HK or somewhere, then fin a connecting flight onto your home country.

teacher38 wrote:
I am leaving on a Friday but my flight is not until Tuesday (due to cheaper flights) so he will know I left work before I am able to flee the country. However, even with him knowing, I hope there is nothing he can do.
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liveinkorea316



Joined: 20 Aug 2010
Location: South Korea

PostPosted: Sun Sep 05, 2010 5:08 am    Post subject: Reply with quote

Call in sick on Monday morning. Give him every reason to believe he will see you tuesday morning. If you cannot get the nerve to do it, ask a friend to do it for you. If you cannot find someone you trust to do it, then send him an email. You will know he got it because he will call you first thing monday morning when he gets it. Just don't answer his calls.

You will be fine.
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asylum seeker



Joined: 22 Jul 2007
Location: On your computer screen.

PostPosted: Sun Sep 05, 2010 5:40 am    Post subject: Re: Breaking the Contract and Leaving Early Reply with quote

ttompatz wrote:
teacher38 wrote:
I have been working at my hagwon for 6 1/2 months on an E-2 visa and I can't stand working there anymore. Their is a huge list of reasons why I want to break my contract and I will save everyone from reading them all. I'm not tellling my work and after I get paid I will be leaving a couple days after.

My question is can my boss hold me in anyway at the airport with immigration because I'm breaking my contract? My contract states "In the case of the termination of this contract within a year, regardless of course or ground therefore, Employee shall immediately pay back the Employer the above mentioned loan" which is refering to my original airfare to Korea. Will I be forced in anyway to pay this? I just want to leave the country and I don't care about ever coming back to Korea.


Leave on a Friday and don't look back. He won't know you are gone until sometime Monday. Just hand in your ARC on your way out and tell the officer at passport control that you quit and have no plan to return. (they will cancel your visa - enabling you to seek work here again if you so desire.

He can't get you stopped at immigration over a contract dispute.

In order to get you stopped he would have to file criminal charges and breach of contract is not criminal.

.


You can immediately look for work again? I though for some reason doing midnight runs made it harder for people to get employed again for some period of time.
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chicken_punch



Joined: 26 Aug 2010

PostPosted: Sun Sep 05, 2010 6:21 am    Post subject: Reply with quote

Why not just go to work on Monday?
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Radius



Joined: 20 Dec 2009

PostPosted: Sun Sep 05, 2010 8:00 am    Post subject: Re: Breaking the Contract and Leaving Early Reply with quote

asylum seeker wrote:
ttompatz wrote:
teacher38 wrote:
I have been working at my hagwon for 6 1/2 months on an E-2 visa and I can't stand working there anymore. Their is a huge list of reasons why I want to break my contract and I will save everyone from reading them all. I'm not tellling my work and after I get paid I will be leaving a couple days after.

My question is can my boss hold me in anyway at the airport with immigration because I'm breaking my contract? My contract states "In the case of the termination of this contract within a year, regardless of course or ground therefore, Employee shall immediately pay back the Employer the above mentioned loan" which is refering to my original airfare to Korea. Will I be forced in anyway to pay this? I just want to leave the country and I don't care about ever coming back to Korea.


Leave on a Friday and don't look back. He won't know you are gone until sometime Monday. Just hand in your ARC on your way out and tell the officer at passport control that you quit and have no plan to return. (they will cancel your visa - enabling you to seek work here again if you so desire.

He can't get you stopped at immigration over a contract dispute.

In order to get you stopped he would have to file criminal charges and breach of contract is not criminal.

.


You can immediately look for work again? I though for some reason doing midnight runs made it harder for people to get employed again for some period of time.

1 year i thought.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Sep 05, 2010 8:33 am    Post subject: Reply with quote

chicken_punch wrote:
Why not just go to work on Monday?


I agree. You might be best off going in to work on the Monday and calling in sick Tuesday. On Monday when you're finishing work, tell your boss you feel sick.

It's true that there's nothing your boss can do to stop you related to you breaking the contract, but what if he calls the police to say that you stole something from the school? What if he cancels your visa on Monday because you are doing a runner? You really don't want to give them any kind of a heads up.

What time is your flight on Tuesday? Early morning? Evening?
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teacher38



Joined: 02 Sep 2010

PostPosted: Mon Sep 06, 2010 6:05 am    Post subject: Reply with quote

Thanks everyone for the advice. I highly doubt my boss with falsely accuse me of a crime just to stop me at the airport, i'm not worried about that.

The reason I don't work on Monday is because i'm not working for free, I hate the school and I can't wait to get out of there.

Does it matter if my boss cancelled my visa before I arrived at the airport? I'm not sure why that would make a difference. Again, I do not care about ever coming back to this country, visiting or working.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Sep 06, 2010 7:24 am    Post subject: Reply with quote

teacher38 wrote:

The reason I don't work on Monday is because i'm not working for free, I hate the school and I can't wait to get out of there.


Don't think of it as working for free. Think of it as working in exchange for not having anything happen to you before you get to the aiport.

teacher38 wrote:

Does it matter if my boss cancelled my visa before I arrived at the airport? I'm not sure why that would make a difference. Again, I do not care about ever coming back to this country, visiting or working.


I think that he'd have to be really quick about it and really be sure that you had run, and not simply went out of town for the weekend or passed out drunk somewhere.


Last edited by Troglodyte on Mon Sep 06, 2010 7:55 am; edited 1 time in total
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Sep 06, 2010 7:37 am    Post subject: Reply with quote

teacher38 wrote:
Thanks everyone for the advice. I highly doubt my boss with falsely accuse me of a crime just to stop me at the airport, i'm not worried about that.

The reason I don't work on Monday is because i'm not working for free, I hate the school and I can't wait to get out of there.

Does it matter if my boss cancelled my visa before I arrived at the airport? I'm not sure why that would make a difference. Again, I do not care about ever coming back to this country, visiting or working.


Even if he did cancel it, you have 14 days to report the change in your status or leave the country.

.
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son of coco



Joined: 14 Mar 2008

PostPosted: Mon Sep 06, 2010 5:24 pm    Post subject: Reply with quote

If you call in sick Monday he won't send someone around to your apartment to check on you will he? Just thought it might be an issue if you've packed your stuff ready to go.
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