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shong109
Joined: 13 Jan 2010
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 Posted: Mon Mar 28, 2011 5:39 am Post subject: So I just got fired |
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| as the title states, I just got fired. The director states that I yelled at a student too much and that his mom called other moms and complained to the director. Most of my students talk in korean in class and I tell them to only speak in English. The director stated that was the main reason I am being canned. However, my contract ends in early June and I think because she doesnt want to give me my severance and money for airfare is the real reason she fired me. Would I have a case if I brought this to the labor board, and how long would it take to be resolved? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Mar 28, 2011 6:13 am Post subject: Re: So I just got fired |
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| shong109 wrote: |
| as the title states, I just got fired. The director states that I yelled at a student too much and that his mom called other moms and complained to the director. Most of my students talk in korean in class and I tell them to only speak in English. The director stated that was the main reason I am being canned. However, my contract ends in early June and I think because she doesnt want to give me my severance and money for airfare is the real reason she fired me. Would I have a case if I brought this to the labor board, and how long would it take to be resolved? |
You might be able to argue unfair/improper dismissal. After more than 6 months of employment she is required to give you 30 days notice or 30 days pay unless your reason for being fired is one of those listed in the labor act.
Might get 30 days pay out of it. You won't likely get reinstated or your airfare/severance (too far away).
I hope she will give you a LOR so you can at least transfer to a new job.
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 7:23 am Post subject: |
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Did she give you a written notice saying that you got fired?
Did she kick you out on the spot or is she giving you 30 days to leave?
Did you get warnings?
You might just need to go to work tomorrow. |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 7:27 am Post subject: |
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| yuyake79 wrote: |
Did she give you a written notice saying that you got fired?
Did she kick you out on the spot or is she giving you 30 days to leave?
Did you get warnings?
You might just need to go to work tomorrow. |
She didnt give me a written notice,
Shes giving me till end of Friday to pack up my things and leave.
I did get one warning but I fixed everything that was on the warning notice.
She never mentioned I could get fired if I didnt fix those things. |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 7:45 am Post subject: |
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So, you've got less than 2 and a half months left till the end of your contract. Right?
I think you can get reinstated, if you got fired unfairly. You'd need to go to the Labor Relations Commision (not the Labor Board). At the Labor Relations Commission you can file a petition for "Unfair Dismissal". If they see that you got dismissed unfairly they will try to reinstate you with possible backpay. You need to do that 2 to 3 months before your contract expires, otherwise if it's too close to the end of your contract they might not let you file a petition for Unfair Dismissal.
Now, if you didn't get 30 days advanced notice you should be entitled to 30 days pay. You can file your claim for that at the Labor Board.
I think it would be better for you to go to the Labor Relations Commission first to file a claim for unfair dismissal. Then to the Labor Board.
Did you work the full day today? It might be better for you to show up for work tomorrow. |
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shong109
Joined: 13 Jan 2010
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| Posted: Mon Mar 28, 2011 7:56 am Post subject: |
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| yuyake79 wrote: |
So, you've got less than 2 and a half months left till the end of your contract. Right?
I think you can get reinstated, if you got fired unfairly. You'd need to go to the Labor Relations Commision (not the Labor Board). At the Labor Relations Commission you can file a petition for "Unfair Dismissal". If they see that you got dismissed unfairly they will try to reinstate you with possible backpay. You need to do that 2 to 3 months before your contract expires, otherwise if it's too close to the end of your contract they might not let you file a petition for Unfair Dismissal.
Now, if you didn't get 30 days advanced notice you should be entitled to 30 days pay. You can file your claim for that at the Labor Board.
I think it would be better for you to go to the Labor Relations Commission first to file a claim for unfair dismissal. Then to the Labor Board.
Did you work the full day today? It might be better for you to show up for work tomorrow. |
I plan to work till the end of the week(and get paid the days i've worked so far), but I am going to call the Labor Board tomorrow and see if I viable complaint.
The director was 100% sure in firing me when she brought me in. I tried convincing her so i think shes 95% sure in firing me. She said shell tell me tomorrow(but im pretty sure she wont change her mind.) Im going to call the labor board tomorrow early in the morning and see if I have a case, if they say i do, im going to see if she takes me back. If she doesnt change her mind, im going to request this months pay(days ive already worked), airfare money, and severance. If she refuses to pay me the airfare and severance im obviously going to go to the Labor Board. However, if the LB says i dont have a case, am I SOL? |
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yuyake79
Joined: 26 Jan 2011
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| Posted: Mon Mar 28, 2011 8:08 am Post subject: |
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Ok. So you have until Friday. You have some time to decided what you need to do.
She still should've given you 30 days notice. I think you would be entitled to receive pay for every day until April 28th, at least.
Was that warning a written one? What did the warning say?
Does your contract say anything about how many verbal/written warnings you need to receive before getting fired?
What are your working hours like? Would you have time to go to a Labor office before/after work? (Remember, you would need to have a Korean friend to go with you to the labor office. They don't speak English.)
The Labor Relations Commission don't only help you get reinstated. They also help with disputes between employer and employee. I think if you want her to take you back your should go to the Labor Relations Office. The Labor Board deals with stuff like getting your boss to pay you what you are entitled to. If you go to the Labor Board you would be entitled to the 30 days pay. But the Labor Board will NOT give you your severance pay and airline ticket. They will say that you are not entitled to get your severance pay. And they don't really deal with airline tickets.
If you want your severance pay and airline ticket, then you would need to get reinstated by filing an Unfair Dismissal claim at the Labor Relations Commission. |
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Radius
Joined: 20 Dec 2009
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| Posted: Mon Mar 28, 2011 8:16 am Post subject: |
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Wow OP, please keep up in the loop about this  |
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ajosshi
Joined: 17 Jan 2011
Location: ajosshi.com
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| Posted: Mon Mar 28, 2011 10:28 am Post subject: |
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| shong109 wrote: |
| yuyake79 wrote: |
Did she give you a written notice saying that you got fired?
Did she kick you out on the spot or is she giving you 30 days to leave?
Did you get warnings?
You might just need to go to work tomorrow. |
She didnt give me a written notice,
Shes giving me till end of Friday to pack up my things and leave.
I did get one warning but I fixed everything that was on the warning notice.She never mentioned I could get fired if I didnt fix those things. |
Bold parts a bit fuzzy. In detail, what did she complain about? |
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