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Question related to being fired in 11th month

 
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MIA17



Joined: 11 Jun 2011
Location: Seoul

PostPosted: Sun Jun 12, 2011 2:29 am    Post subject: Question related to being fired in 11th month Reply with quote

Hi everyone, I'm hoping to get some advice about a situation that I'm currently in. Recently I was fired from a hagwon about a week before my contract was set to end, and I was denied my severance pay and airfare money. I wasn't given any warnings or reason whatsoever, but my hagwon boss was very upset with me near the end of my contract because I decided not to re-sign, and to move on to another teaching position.

I'm wondering if anyone has any experience with this, and if they could share their tips on how to go about dealing with the situation. I've contacted the labour board a few times, but they've only given me basic information on what the procedure is for filing a complaint. I've been told from others here in Korea that it could be risky filing a complaint. It should be noted that I've started a new contract in Korea and I don't want to risk my current employment if something were to go amiss.

Anyways, I suppose my question is - does anyone know what the potential risks are of getting involved in a labour suit? Or any ways around the situation?

Thanks...
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CentralCali



Joined: 17 May 2007

PostPosted: Sun Jun 12, 2011 2:52 am    Post subject: Reply with quote

You've started your new job and have the new visa? Great! All you need is proof that the boss fired you in the last month of your contract. The Labor Board is well acquainted with that shabby stunt by scummy bosses. All you have to do is appear (or have your designee appear on your behalf) at the time the Labor Board dictates.

If you haven't done so already, be sure to contact the headquarters of the chain whose name your former boss is using to get students. The name owners don't like having their name dragged through the mud either. Of course, they can't do anything for you, but they can yank the name from the former boss's hagweon. That can hurt his business and he can't blame it on you.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Sun Jun 12, 2011 2:54 am    Post subject: Reply with quote

There are no risks. You will likely get the money owed to you or there is a slim chance you won't. It is only neutral or positive for you. No negatives.

Go and file your complaint ASAP.
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CentralCali



Joined: 17 May 2007

PostPosted: Sun Jun 12, 2011 3:25 am    Post subject: Reply with quote

Don't forget to "name & shame" the scum here. You got one week's notice. My scummy hagweon boss tried to fire the Canadian teacher just hours before the end of the contract! That was fun seeing her lose all of her (the boss) cases at the various governmental offices concerned.
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iggyb



Joined: 29 Oct 2003

PostPosted: Sun Jun 12, 2011 11:20 pm    Post subject: Reply with quote

I agree with the others.

This type of thing is common. At least it was during the last economic crisis, and hakwon bosses don't like it when you go to teach elsewhere. The Korean labor market is not fluid like that (at least it wasn't last time I taught adults).

Contact the Labor Board and get the proper paperwork filled out. Keep your records - Contract, photocopy of the visa page of your passport, a photocopy of your ARC card showing your visa dates.

Since it is so obvious he fired you at the last minute to avoid paying airfare and completion bonus, you stand a good chance to get your money.

And I wouldn't worry about it causing a problem with your new school. Even if they find out about it, I'd bet it is more likely they will feel like you aren't the usual ESLer who can be pushed around because you don't know how the system works and wouldn't be able to fight back if they tried to cheat you.

Lastly, find an English version of the Korean Labor Laws and read them. There used to be a link here for it on a sticky thread. That is something all new people to Korea should do. Skim and read in detail the parts that fit your E-2, hakwon/small business job.
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MIA17



Joined: 11 Jun 2011
Location: Seoul

PostPosted: Mon Jun 13, 2011 12:47 am    Post subject: Reply with quote

Thanks everyone. I've read some awful stories about former bosses trying to sabotage teachers by calling immigration and making false claims about them in order to get them fired/deported - but I can imagine that's an extreme scenario. Conniving hagwon owners...
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jun 13, 2011 2:29 am    Post subject: Reply with quote

MIA17 wrote:
Thanks everyone. I've read some awful stories about former bosses trying to sabotage teachers by calling immigration and making false claims about them in order to get them fired/deported - but I can imagine that's an extreme scenario. Conniving hagwon owners...


Immigration WON'T side with your EX-employer UNLESS there is a valid reason AND a VALID criminal complaint.

On the other shoe however, the ministry of labor WILL side with you over severance and airfare AND unpaid wages with an 11th month termination unless the employer can PROVE justification (criminal activity on your part).

While you are pizzing in your ex-bosses breakfast cereal over at the labor office you should add the pension office and tax office to your list. Chances are very good that he was cheating there too (to his benefit and your detriment).

.
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iggyb



Joined: 29 Oct 2003

PostPosted: Mon Jun 13, 2011 6:51 am    Post subject: Reply with quote

"you should add the pension office and tax office to your list. Chances are very good that he was cheating there too (to his benefit and your detriment)."

Sage advice, I do think...
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