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School is Getting New Owners (legal question)

 
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DorkothyParker



Joined: 11 Apr 2009
Location: Jeju

PostPosted: Thu Jun 09, 2011 2:28 am    Post subject: School is Getting New Owners (legal question) Reply with quote

On Friday, my director announced at a dinner that the school I worked for would be closing. Over the course of the next 4 days, I went through the 7 stages of grieving and found myself accepting it and ready to go back home.

I was informed yesterday that this is no longer the case. It's merely be sold to new owners and will have a new director. My contract isn't set to be up till the end of August, but I got really excited about going home. I think they want me to stay, but I want to go.

Can I get my severance and flight back home if I leave at the end of the month (when owners change)? I am discussing this with my school, but I want to know if I am entitled to these things legally given that the contract with the school is no longer valid and I would need to update my Visa and all that. I know I can get my severance and flight if I stay till August, but I am ready to go since they offered it up.

I appreciate all assistance, but I cannot understand business talk, so shoot it to me straight.

Also, I will email my recruiter tonight to see what he says. But I just need to know where I stand before I have a meeting with the director tomorrow.
Thanks again! ^^
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koreatimes



Joined: 07 Jun 2011

PostPosted: Thu Jun 09, 2011 2:37 am    Post subject: Reply with quote

You have to put in 1 year before you get severance. Another thing you should be concerned about is signing any new contract which might, I don't know for certain, reset the clock with the new owner.

I think you should cut your losses and just ask for half the airfare and leave. You can collect pension, so make sure they have paid into it and go to the pension office.
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DorkothyParker



Joined: 11 Apr 2009
Location: Jeju

PostPosted: Thu Jun 09, 2011 4:57 pm    Post subject: Reply with quote

I don't think they'll make me sign on for another full year. Something similar happened at my last school and I didn't even sign a new document. :/ But then, we weren't told there that there would be any staff changes or the like.

I'm afraid I can't do that as I have no money. Also, I need bonus pay to pay for my husband's plane ticket. Thanks for the help. But I guess I have to rely on the goodness of their hearts or just buckle down till the end of August.

But now I have short-timers and each day feels so hard. Sad
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DorkothyParker



Joined: 11 Apr 2009
Location: Jeju

PostPosted: Thu Jun 09, 2011 7:53 pm    Post subject: Reply with quote

Does the change of ownership invalidate my contract in a way that works in my favor? Obviously, nothing like this was stipulated in the original contract.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Thu Jun 09, 2011 11:48 pm    Post subject: Reply with quote

The main thing you can do is argue you don't like the idea of working for the new owner. Find something as substantial as you can for reason to end the contract. Then, your best getting a new school. However, you want to leave. So, it doesn't look like you can do much. Maybe you can find a teacher in Korea to replace you and use that as an incentive to get money from the school for airfare because you saved them. That's bit of a stretch though. Not much you can do.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Fri Jun 10, 2011 1:02 am    Post subject: Reply with quote

Unless things have changed, your contract is with your owner and HIS/HER school. That means your visa is with your owner. That means, if your school changes owner, your visa and contract are both rendered null and void.

However, this may have changed, so check with the labor board or ask immigration about the status of your visa. If they say your visa is tied to your employer, you're home free.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Fri Jun 10, 2011 2:47 am    Post subject: Reply with quote

Quote:
If they say your visa is tied to your employer, you're home free.


Right and wrong Laughing

You can be "home" free anytime. Just board a plane and leave. The original poster wants to go home, they don't want to work anymore in Korea.

The original poster wants severance and a flight home though. I see nothing that indicates they are guaranteed both. At best they could get a portion of the airfare.

On the other hand, if they wanted to work in Korea still, then they could be "home" free for another reason.

If I am not mistaken, the original poster doesn't want to feel "home free" quite yet.
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DorkothyParker



Joined: 11 Apr 2009
Location: Jeju

PostPosted: Sat Jun 11, 2011 9:07 pm    Post subject: Reply with quote

I see.

I am trying to negotiate with the new owners (I would be leaving 2 months early) to see if I find them a replacement who doesn't require a flight in, if they will let me go. Even a month early would be nice and then the new teacher would be starting at the beginning of the semester rather than a month early or late.

I feel very ignored. They were supposed to call me and didn't. I called her and I wrote an email. *sigh*
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