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yuyake79
Joined: 26 Jan 2011
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 Posted: Wed Mar 16, 2011 7:42 am Post subject: 11th Month Firing Veterans !!! |
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Hi..,
Are there any 11th Month Firing Veterans out there who have succeeded in getting everthing including severance pay plus return airfare?
If so, please tell me how you did it, where you did it and how long the process took. |
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InDaGu
Joined: 28 Jun 2010
Location: Cebu City, Philippines
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| Posted: Wed Mar 16, 2011 8:09 am Post subject: |
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Well, the first big question is whether or not they gave you 30 days notice in writing, and if that occurred at least 30 days before the end of your contract.
If they didn't, are there any clauses in your contract that allow them to fire you without notice (not showing up for work, etc.), and is one of those the reason they gave? |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Wed Mar 16, 2011 8:41 am Post subject: |
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| He didn't give me the 30 days notice in writing. And according to my contract he can fire me on the spot if I do really bad stuff like punch a student, make the school go bankrupt on purpose, etc, none of which I did. For smaller acts of malconduct he is supposed to give me 2 written reprimands before firing me. He didn't give me any written or verbal warnings. His reason for firing me was for using Korean in class. It was not written anywhere on my contract or even the school's guidelines that I couldn't use Korean in class. My boss just wanted to get rid of me on my last month and that was the best "justifiable" reason he could come up with. |
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PardonTheInterruption
Joined: 02 Mar 2011
Location: Canada
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| Posted: Wed Mar 16, 2011 8:43 am Post subject: |
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| ...just out of curiousity, how was your relationship with your boss previous to this? Was it always kinda sketchy, or was it a good-ish relationship and you never saw something like this coming from them? |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Wed Mar 16, 2011 9:08 am Post subject: |
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My relationship with my boss was mostly ok. But since winter he was trying to get me to agree to leave at the end of Feb. At first, he wanted me to agree to leave at the end of Feb without severance pay. Then between Feb 24 and March 3 he was trying to get me to agree to finish at the end of Feb with a small bonus. The bonus was just 1.8 - 600 rent fee. So, in other words, 1.2. I wanted to complete my contract and get my final salary plus severance pay (about 5 mil in total). Therefore I declined his offer. And he suddenly that I had a "fault". I used the Korean language in class causing many student to leave. Not true.
Anyway, that was the reason he gave for firing me.
Any 11th Month Firing veterans out there who succeeded in getting your severance pay? Or, anyone know of anyone? |
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InDaGu
Joined: 28 Jun 2010
Location: Cebu City, Philippines
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| Posted: Wed Mar 16, 2011 9:31 am Post subject: |
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| Are you already finished? How many days until your contract would have expired? |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Wed Mar 16, 2011 9:40 am Post subject: |
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| My contract expires on March 31. I got fired on March 3. |
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InDaGu
Joined: 28 Jun 2010
Location: Cebu City, Philippines
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| Posted: Wed Mar 16, 2011 1:14 pm Post subject: |
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| yuyake79 wrote: |
| My contract expires on March 31. I got fired on March 3. |
Then I suggest you walk into your director's office and point out to him that the law states he must give you 30 days written notice and that if he does not compensate you in full you will go to the Labor Board. |
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Drew10
Joined: 31 Mar 2009
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| Posted: Wed Mar 16, 2011 7:16 pm Post subject: |
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| How many threads are you going to make regarding this very same situation? Just go to the labor board or your boss....DO SOMETHING other than make new threads here every few days. Your time left in country is ticking away and frankly, if you don't do anything outside of this board you deserve to lose whatever it is you may or may not be entitled to. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Wed Mar 16, 2011 8:23 pm Post subject: |
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Drew10, I have been going to the Labor Board. I went there the day I got fired. And I went there yesterday. And I'm expected to go back next Wednesday.
You don't get an immediate result by just going to the Labor Board once.
The first time you go there they ask you to explain briefly what happened and they fill out a simple form. Then you have to wait a week until you get a notice in the mail from the Labor Board telling you that you have to come back on a given date (approx. 4 days after you receive the notice) with documents and proof of what happened. Then after that they ask you to wait again for another notice in the mail telling when you have to come back a 3rd time. Now, I am waiting to go back next Wednesday for another hearing. My boss should be present for that one.
So, I basically got the ball rolling from the day I got fired. I got other threads up because I'm trying to find out how to get the ball rolling faster instead of just doing nothing whilst waiting for the Labor Board. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Wed Mar 16, 2011 8:53 pm Post subject: |
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| InDaGu wrote: |
| yuyake79 wrote: |
| My contract expires on March 31. I got fired on March 3. |
Then I suggest you walk into your director's office and point out to him that the law states he must give you 30 days written notice and that if he does not compensate you in full you will go to the Labor Board. |
Yeah, I probably should have done so. But I already went to the Labor Board the day I got fired to report that my boss had fired me without the 30 days notice. So, I can already get the 30 days advance pay from him through the Labor Board. It's the severance pay that I'm wondering if I'm entitled by law to receive. I read though the Labor Standards Act and I found nothing there that says that my boss has to pay me my severance pay if he fires me on my last month without just cause.
But you hear foreign teachers saying that 11th month firings are nothing new to the Labor Board and that I am entitled to get my severance pay and return airfare. I was advised on one of my other threads to go to the
national labor board if I can't get my severance pay through the local labor office. I have to wait until next Wednesday for a result at the local labor office, but it seems unlikely that I'll getting my severance pay through that office.
That's why I want to know if there are any 11th Month Firing Veterans who have actually succeeded in getting their severance pay plus return airfare. Or, does anyone at least know of anyone who has? I want to know what steps they took. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Wed Mar 16, 2011 10:26 pm Post subject: |
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Did you tell labor it was fired without notice or did you say it was wrongful dismissal without notice?
Fired without notice will get you the 30 days pay for not receiving notice.
Wrongful dismissal would would have you reinstated and paid for everything.
The labor seems to be playing games with you. They know damn well it was an 11th month firing (wrongful dismissal) to avoid the severance payment. They have bloody well seen enough them to know exactly what it is and why it was done. They are just trying to allow your employer get away with it. Get the labor agent's name and ID and make a call to someone up the ladder at the Labor Office. That should not be happening. |
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nathanrutledge
Joined: 01 May 2008
Location: Marakesh
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| Posted: Wed Mar 16, 2011 10:57 pm Post subject: |
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| OculisOrbis wrote: |
The labor seems to be playing games with you. They know damn well it was an 11th month firing (wrongful dismissal) to avoid the severance payment. They have bloody well seen enough them to know exactly what it is and why it was done. They are just trying to allow your employer get away with it. Get the labor agent's name and ID and make a call to someone up the ladder at the Labor Office. That should not be happening. |
...unless we aren't getting the whole story.
Seriously. ONE TOPIC-ONE THREAD. Someone in one of your other threads pointed out some discrepancies in your story. IF this were all in one thread, it would be easy to see that. I agree with Drew - one thread. AND I smell something fishy here. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Thu Mar 17, 2011 2:35 am Post subject: |
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| nathanrutledge wrote: |
...unless we aren't getting the whole story.
Seriously. ONE TOPIC-ONE THREAD. Someone in one of your other threads pointed out some discrepancies in your story. IF this were all in one thread, it would be easy to see that. I agree with Drew - one thread. AND I smell something fishy here. |
Nathanrutledge, If you doubt my story just read all of the other threads from the start, and then tell us if there's anything fishy. That other someone in my other thread didn't carefully read the other threads before commenting and he doubted my story. But afterwards he replied after carefully looking over my threads and he apoligised.
I know that One Topic-One Thread would make it easier for everyone to follow my story, but during different stages of my situation I required different viewers with knowledge/advice corresponding to each stage.
If I kept it all in one thread it would make it harder for me to attract 11th month firing veterans to click on my thread. Therefore, I made this new thread titled "11th Month Firing Veterans!!!" |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Thu Mar 17, 2011 3:03 am Post subject: |
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| OculisOrbis wrote: |
Did you tell labor it was fired without notice or did you say it was wrongful dismissal without notice?
Fired without notice will get you the 30 days pay for not receiving notice.
Wrongful dismissal would would have you reinstated and paid for everything.
The labor seems to be playing games with you. They know damn well it was an 11th month firing (wrongful dismissal) to avoid the severance payment. They have bloody well seen enough them to know exactly what it is and why it was done. They are just trying to allow your employer get away with it. Get the labor agent's name and ID and make a call to someone up the ladder at the Labor Office. That should not be happening. |
I didn't bring a Korean friend with me the first time I went to the labor board. I did my best to explain to the guy what had happened. The guy at the labor board filled out the claim form for me. He may have filed it as Fired Without Notice. The second time I went to the labor board I went with a Korean friend and we said Fired Without Notice and Wrongful Dismissal. The guy still said no to severance pay.
I could have filed for wrongful dismissal to get reinstated. But will the labor board reinstate me with less than a month till the end of my contract? It seems that labor consultants don't want to offer that option if you have less than a month left on your contract. I also, got in contact with someone associated with the Kangnam Labor Law Firm and he said that I'd probably lose the case since I had less than a month remaining on my contract.
Do you know of anyone who has successfully gotten reinstated after getting fired on his final month? |
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