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BackRow
Joined: 28 Jul 2010
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 Posted: Tue Mar 22, 2011 6:50 pm Post subject: Former employer threatening legal action |
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Due to poor conditions, I pulled a midnight runner. I feel bad about it, but what is done is done. It's been a week and I was just sent an e-mail, a portion of which is copy/pasted below:
Disappearing all of a sudden after leaving a note cannot be accepted.
As a result, you have caused a lot of trouble in our class schedules.
Some students had to leave without taking lessons.
We also had to close down other classes. You made us lose our face.
You should be responsible for your action.
We request you pay the airfare to us in a month(30 days),
or our lawyers will take legal actions for breaking good faith.
We will close the matter if you send 1,500 US dollars to our bank account,
which is
As a canadian resident, how worried should I be? |
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Ramen
Joined: 15 Apr 2008
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| Posted: Tue Mar 22, 2011 7:03 pm Post subject: |
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they're most likely not sue for 1.5K bucks.
besides, lawyer ain't gonna get involved since it's only a small claims.
what were the poor conditions you've mentioned?  |
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silkhighway
Joined: 24 Oct 2010
Location: Canada
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| Posted: Tue Mar 22, 2011 7:04 pm Post subject: Re: Former employer threatening legal action |
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| BackRow wrote: |
Due to poor conditions, I pulled a midnight runner. I feel bad about it, but what is done is done. It's been a week and I was just sent an e-mail, a portion of which is copy/pasted below:
Disappearing all of a sudden after leaving a note cannot be accepted.
As a result, you have caused a lot of trouble in our class schedules.
Some students had to leave without taking lessons.
We also had to close down other classes. You made us lose our face.
You should be responsible for your action.
We request you pay the airfare to us in a month(30 days),
or our lawyers will take legal actions for breaking good faith.
We will close the matter if you send 1,500 US dollars to our bank account,
which is
As a canadian resident, how worried should I be? |
Do you feel you legitimately owe them money? Or do you ever plan to return to Korea? If no to both, delete the email and move on. Don't acknowledge that you received the email.
And yes, you should really worry..that they don't find their face. Yikes! I can't imagine not having a face. |
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silkhighway
Joined: 24 Oct 2010
Location: Canada
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| Posted: Tue Mar 22, 2011 7:08 pm Post subject: |
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| Ramen wrote: |
they're most likely not sue for 1.5K bucks.
besides, lawyer ain't gonna get involved since it's only a small claims.
what were the poor conditions you've mentioned? |
It's small claims trying to collect 1500 bucks it from someone in Korea, it's desperation trying to collect it from someone in Canada. |
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BackRow
Joined: 28 Jul 2010
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| Posted: Tue Mar 22, 2011 7:13 pm Post subject: |
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| silkhighway wrote: |
| Ramen wrote: |
they're most likely not sue for 1.5K bucks.
besides, lawyer ain't gonna get involved since it's only a small claims.
what were the poor conditions you've mentioned? |
It's small claims trying to collect 1500 bucks it from someone in Korea, it's desperation trying to collect it from someone in Canada. |
So they legally can come after me if they're determined to do so? And I don't know if it makes a difference or not, but the actual cost of the ticket was around 1,400,000KRW. |
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silkhighway
Joined: 24 Oct 2010
Location: Canada
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| Posted: Tue Mar 22, 2011 7:22 pm Post subject: |
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| BackRow wrote: |
| silkhighway wrote: |
| Ramen wrote: |
they're most likely not sue for 1.5K bucks.
besides, lawyer ain't gonna get involved since it's only a small claims.
what were the poor conditions you've mentioned? |
It's small claims trying to collect 1500 bucks it from someone in Korea, it's desperation trying to collect it from someone in Canada. |
So they legally can come after me if they're determined to do so? And I don't know if it makes a difference or not, but the actual cost of the ticket was around 1,400,000KRW. |
They can't sue you in Canada, they can sue you in Korea. I'm not sure how the legal system works in Korea, but it will not affect you in Canada. Canada will not extradite you to Korea for a $1500 civil claim. and Canadian credit reporting agencies do not monitor Korean civil judgements. If you decide to pay them back it should be because you feel morally obligated to pay them, or you want to end on good terms with them so you can return to Korea at a future point to work and not have to worry about immigration denying you a work visa.
Does that make sense? |
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silkhighway
Joined: 24 Oct 2010
Location: Canada
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| Posted: Tue Mar 22, 2011 7:26 pm Post subject: |
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| I should add that paying them money is no guarantee they still won't report you to immigration which may cause problems getting a work visa later on. |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Mar 22, 2011 8:38 pm Post subject: |
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| BackRow wrote: |
Due to poor conditions, I pulled a midnight runner. I feel bad about it, but what is done is done. It's been a week and I was just sent an e-mail, a portion of which is copy/pasted below:
Disappearing all of a sudden after leaving a note cannot be accepted.
As a result, you have caused a lot of trouble in our class schedules.
Some students had to leave without taking lessons.
We also had to close down other classes. You made us lose our face.
You should be responsible for your action.
We request you pay the airfare to us in a month(30 days),
or our lawyers will take legal actions for breaking good faith.
We will close the matter if you send 1,500 US dollars to our bank account,
which is
As a canadian resident, how worried should I be? |
How worried should you be? Zero. Zip. Nada. Not at all. You should be laughing yourself silly that the old boss had the temerity to even send you that screed.
But, since they did, you might as well have some fun with it. Here's a fun response to them:
You can either accept the facts or ignore the facts. This time, the fact is that I left your employ because you did not uphold your end of the contract nor did you abide by your own country's laws. The fact is that I availed myself of my legally allowed option of demonstrating my personal freedom by not remaining in such a ridiculous employment situation. As you are not my owner and I am not a slave, the simple fact is that I am free to go where I wish. Another simple fact is that I wished to go to my own country.
If you were so concerned about your class schedules, perhaps you would have upheld your obligations under the contract and obeyed Korean labor law. As you did neither, whatever scheduling conflicts occur after my departure are your problem and the consequences of your behavior. If you truly do wish for your "school" to retain good teachers, change your behavior and then you won't be surprised by your employees' (not slaves) reactions.
Go ahead and try to sue me. I am not in Korea and you are not in Canada. You broke faith by your failure to abide by the terms of the contract and to obey Korean labor law. Also, a Korean court has no jurisdiction over me.
On the other hand, a Canadian court does have jurisdiction over your agent in Canada. As you acted via an intermediary in this country to employ me under false pretenses (the aforementioned failures regarding contract and labor law), I will sue you and your agent in a Canadian court. I hope you enjoy your agent's next communication with you regarding that.
If you truly are concerned about your "face," you will put on an honest one and not act as you did. The next communication I receive from you will be considered harassment and I will immediately notify the Canadian and Korean authorities about that illegal act.
Furthermore, if you slander or libel me in any manner or accuse me of a crime, my agent in Korea will sue you.
| silkhighway wrote: |
| Canada will not extradite you to Korea for a $1500 civil claim. |
Canada will not extradite you to Korea for any civil claim. Extradition is for criminal cases.
| silkhighway wrote: |
| I should add that paying them money is no guarantee they still won't report you to immigration which may cause problems getting a work visa later on. |
They can't report him to Immigration for a civil issue. If they decide to play the "accuse the foreign teacher of a crime" card, that won't work unless they have actual proof of such a crime. Immigration isn't as much of a hagweon boss lackey as the hagweon boss might wish. |
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davemon
Joined: 16 Jan 2011
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| Posted: Tue Mar 22, 2011 8:56 pm Post subject: |
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Respond that the boss owes you money for breaching contact. Damages in the amount of airfare to return to Canada, lost wages, and a small something as restitution for losing face. Additionally, as a sign of good faith, you are willing to forfeit the restitution claim for a signed letter of release stating that you had performed all contractual obligations.
GL.[/b] |
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carpetdope
Joined: 13 Oct 2008
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| Posted: Tue Mar 22, 2011 9:29 pm Post subject: |
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CentralCali, that made my day!
b^.^d |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Mar 22, 2011 9:57 pm Post subject: Re: Former employer threatening legal action |
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| BackRow wrote: |
Due to poor conditions, I pulled a midnight runner. I feel bad about it, but what is done is done. It's been a week and I was just sent an e-mail, a portion of which is copy/pasted below:
Disappearing all of a sudden after leaving a note cannot be accepted.
As a result, you have caused a lot of trouble in our class schedules.
Some students had to leave without taking lessons.
We also had to close down other classes. You made us lose our face.
You should be responsible for your action.
We request you pay the airfare to us in a month(30 days),
or our lawyers will take legal actions for breaking good faith.
We will close the matter if you send 1,500 US dollars to our bank account,
which is
As a canadian resident, how worried should I be? |
They can't sue you in Canada (Canadian court has no jurisdiction over extraterritorial matters).
They can sue you in Korea but can't collect in Canada (Korean court has no jurisdiction to enforce collection in Canada).
They are unlikely to attempt to sue for such a small amount (the lawyer would cost more than they would collect).
Basically they are hoping you will be afraid and give them money.
. |
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BackRow
Joined: 28 Jul 2010
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| Posted: Tue Mar 22, 2011 10:08 pm Post subject: |
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Thank you for the responses, I feel a little better now. If my own situation was better I'd send them something despite being misled in pretty much every aspect of the job, but the cost of flying back home, where I do not have a job presently (since I thought I'd be teaching still), and such make that impossible financally.
If some day after my E-2 would have expired I decide to do this again despite this experience, would I be able to or would I be flagged and denied as such. Also, if in theory I got another job in South Korea and actually arrived with no issue, would I be seized at face legal issues soon after? |
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oldtrafford
Joined: 12 Jan 2011
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| Posted: Tue Mar 22, 2011 10:57 pm Post subject: |
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Send them an e-mail like this:
Dear Mr. Babo Wonjangnim, I'm replying to your e-mail and this is what I think to it: 
Regards |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Mar 22, 2011 11:25 pm Post subject: |
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| carpetdope wrote: |
CentralCali, that made my day!
b^.^d |
\(^o^)/ |
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shifty
Joined: 21 Jun 2004
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| Posted: Tue Mar 22, 2011 11:46 pm Post subject: |
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| davemon wrote: |
Respond that the boss owes you money for breaching contact. Damages in the amount of airfare to return to Canada, lost wages, and a small something as restitution for losing face. Additionally, as a sign of good faith, you are willing to forfeit the restitution claim for a signed letter of release stating that you had performed all contractual obligations.
GL.[/b] |
Hahaha! Yes, something like that, spin it out.
Say, OP, what were the specific working conditions like? |
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