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Getting a letter of release - Can I force them?

 
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suzhou2010



Joined: 09 Feb 2005

PostPosted: Mon May 09, 2011 9:36 pm    Post subject: Getting a letter of release - Can I force them? Reply with quote

This is a strange one.

I work at a University. My contract ends August 31st. I was offered another job I want to take starting on August 1st. The new school said I'll need a letter of release from my university, and that they've never had a problem with teachers getting one.

However, my university told me they won't give me a letter of release. I was shocked and asked "Why would you want to pay me in the summer when I'm not doing anything?" They could release me (and I even said just release me at the end of the semester at the end of June, when they could not pay me for July and August) and save lots of money, and I have virtually no work duties in the summer.

They didn't really have a good answer, except to make it sound like they were upset that I was leaving the school.

Anyway, is there anything I can legally do to force them to release me? I'm giving them three months notice.

If not, would I be able to start at the new job while having a contract at the old university. My University did say they don't care if I work elsewhere in August, but they won't release me from the contract.

Thanks for any advice . . input.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon May 09, 2011 9:40 pm    Post subject: Re: Getting a letter of release - Can I force them? Reply with quote

suzhou2010 wrote:
This is a strange one.

I work at a University. My contract ends August 31st. I was offered another job I want to take starting on August 1st. The new school said I'll need a letter of release from my university, and that they've never had a problem with teachers getting one.

However, my university told me they won't give me a letter of release. I was shocked and asked "Why would you want to pay me in the summer when I'm not doing anything?" They could release me (and I even said just release me at the end of the semester at the end of June, when they could not pay me for July and August) and save lots of money, and I have virtually no work duties in the summer.

They didn't really have a good answer, except to make it sound like they were upset that I was leaving the school.

Anyway, is there anything I can legally do to force them to release me? I'm giving them three months notice.

If not, would I be able to start at the new job while having a contract at the old university. My University did say they don't care if I work elsewhere in August, but they won't release me from the contract.

Thanks for any advice . . input.


There is no way to legally force them to provide a LOR and they are not obligated to give one.

If they WON'T give you one then your ONLY other option is to prepare a new set of documents, leave Korea (for a day), hand in your ARC on the way out (effectively canceling your visa), return (as a tourist), begin the visa application process from the start again and then do a visa run to get your new visa.

.
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suzhou2010



Joined: 09 Feb 2005

PostPosted: Mon May 09, 2011 9:52 pm    Post subject: Reply with quote

Ah . . so you mean I would have to quit and start from scratch?

As long as my new employer is OK with this, it wouldn't hurt my chances of getting a new VISA right?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon May 09, 2011 10:21 pm    Post subject: Reply with quote

suzhou2010 wrote:
Ah . . so you mean I would have to quit and start from scratch?

As long as my new employer is OK with this, it wouldn't hurt my chances of getting a new VISA right?


If your new employer is fine with a new visa rather than a transfer then there is no problem.

.
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suzhou2010



Joined: 09 Feb 2005

PostPosted: Mon May 09, 2011 10:29 pm    Post subject: Reply with quote

Cheers for the help
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon May 09, 2011 11:43 pm    Post subject: Reply with quote

It's still a pretty rotten thing to do. Make sure they understand the situation. Is there a co-teacher you can talk to and have them explain in Korean to the higher ups?
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PastorYoon



Joined: 25 Jun 2010
Location: Sea of Japan

PostPosted: Tue May 10, 2011 12:39 am    Post subject: Re: Getting a letter of release - Can I force them? Reply with quote

suzhou2010 wrote:
Anyway, is there anything I can legally do to force them to release me? I'm giving them three months notice.


Offer to trade your return ticket for it. See what they say. Get creative. Idea
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suzhou2010



Joined: 09 Feb 2005

PostPosted: Tue May 10, 2011 4:48 am    Post subject: Reply with quote

Well my director has a PhD in English and lived in the states for a long time so there are no communication barriers. But your point is something I should consider. I think since she is communicating with the higher ups there might not be enough push as she made it clear she was upset I was resigning.

If nothing changes I will go to the higher ups directly. I can muster enough Korean to get my point across.
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