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daveeslcafe888
Joined: 09 Apr 2011
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Posted: Fri Jun 17, 2011 3:41 pm Post subject: In Trouble; Any Legal Advice About Contracts? |
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Hi Everyone,
1. Basically, I've made it to Seoul. However, my very hard-core academy now doesn't want me. Some students complained that I was not entertaining enough.
Here is the contract fine print:
"13. TERMINATION: The Company may terminate Instructor�s employment hereunder for cause for any one of the following reasons:
(1) conviction of a felony, or a misdemeanor where imprisonment is imposed, (2) commission of any act of theft, fraud, or falsification
of any employment or Company records in any material way, (3) Instructor�s failure or inability to perform any material reasonable
assigned duties after written notice from the company of, and a reasonable opportunity to cure, such failure or inability, (i.e. Neglect of
teaching duties, frequent absence or tardy, disobedience to the policies or frequent complaints from students)
or (4) material breach of this Agreement which breach is not cured within ten (10) days following written notice of such breach.
Upon the termination of Instructor�s employment with the Company for cause, the Company shall be under no further obligation to
Instructor for salary, except to pay all accrued but unpaid base salary."
ADVANCE NOTICE: Either the Company or Instructor may terminate this contract at will by notifying the other party with paper
one month in advance."
Basically, everyone at the academy knows I did my prep time and worked hard; however, some parents still complained about my job (even though everyone knows I worked hard).
2. Could you guys advise me what to do next?
a. I could merely find another job, even though it will take a little longer to get a new contract, find a decent academy, etc.
b. If I fight them (through mediation, arbitration, courts, etc.), that may give me a basic semblance of a job. However, it will definitely sour my relationship and getting a good recommendation. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Jun 17, 2011 6:33 pm Post subject: Re: In Trouble; Any Legal Advice About Contracts? |
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daveeslcafe888 wrote: |
Hi Everyone,
1. Basically, I've made it to Seoul. However, my very hard-core academy now doesn't want me. Some students complained that I was not entertaining enough.
Here is the contract fine print:
"13. TERMINATION: The Company may terminate Instructor�s employment hereunder for cause for any one of the following reasons:
(1) conviction of a felony, or a misdemeanor where imprisonment is imposed, (2) commission of any act of theft, fraud, or falsification
of any employment or Company records in any material way, (3) Instructor�s failure or inability to perform any material reasonable
assigned duties after written notice from the company of, and a reasonable opportunity to cure, such failure or inability, (i.e. Neglect of
teaching duties, frequent absence or tardy, disobedience to the policies or frequent complaints from students)
or (4) material breach of this Agreement which breach is not cured within ten (10) days following written notice of such breach.
Upon the termination of Instructor�s employment with the Company for cause, the Company shall be under no further obligation to
Instructor for salary, except to pay all accrued but unpaid base salary."
ADVANCE NOTICE: Either the Company or Instructor may terminate this contract at will by notifying the other party with paper
one month in advance."
Basically, everyone at the academy knows I did my prep time and worked hard; however, some parents still complained about my job (even though everyone knows I worked hard).
2. Could you guys advise me what to do next?
a. I could merely find another job, even though it will take a little longer to get a new contract, find a decent academy, etc.
b. If I fight them (through mediation, arbitration, courts, etc.), that may give me a basic semblance of a job. However, it will definitely sour my relationship and getting a good recommendation. |
2 b. There is no "fight them". Under the labor standards act, if you have been there for less than 6 months you are considered to be a probationary employee and they are NOT required to give notice or pay in lieu. They can terminate at will.
If you went to court for breach of contract the BEST you will get is your "out of pocket" expenses and losses (you're not back in the states any more) and unless you have several thousand dollars to retain a lawyer nothing will even begin happen.
(bottom line - the best you will get is 30 days pay or notice and it will cost you more than that to get it).
Pack your bags and look for a new job. Anything else is crying over spilt milk or wishful thinking.
GET a LOR in return for a quick departure and move on.
2 a. You are a native speaker and in Korea. Finding a job (unless you are a gypo on an E2) is about as hard as falling off a curb after a night out drinking soju. Get on with it.
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rickpidero
Joined: 03 Sep 2009
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Posted: Fri Jun 17, 2011 8:48 pm Post subject: |
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Go get a public school job, there are basically no standards and unless you just don't show up, you wont' be fired. |
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decolyon
Joined: 24 Jul 2010
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Posted: Fri Jun 17, 2011 9:04 pm Post subject: |
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Wow man. What happened? Were you screaming at kids or something? I've never heard of a school letting a teacher go this soon over student complaints.
Also, something isn't adding up. Your "hardcore" academy thinks you aren't "fun enough." Usually schools go one of two ways. They're either hardcore, in that they don't expect students to have fun. Or they're fun, we're too much prep and strict classes are discouraged.
Plus, you just got off the boat here. If you're school is having issues with you this soon, we need more information to advise you better. What school was it? Is it a big chain or a mon-n-pop? Have you talked to your coworker about it? Usually the other foreigners will give you a heads up about how your classes should be run. Remember, academies are businesses first, and schools second. They're goal is to make money and educate later. If your teaching style is preventing them from making money, you need to change. So ease up on your class. Throw some fun English games in. Don't push your students. Some times it's best just to chit chat with them and get them comfortable. Ask them about what music they like or movies. Then, go listen to that music so you can sing and cut up with them a little bit.
There is a different method to the madness here. I would say don't give p and try again. But I haven't heard of hagwon wanting to let someone go so soon after coming over. Maybe you need to rethink if this is for you? It doesn't fit everyone that comes over.
As for a legal fight.... not going to happen. The system works against you. You'd be hard pressed to even find someone to represent you and remember, this is not the West. What's fair and legal back home, doesn't work here. I have heard of people trying to take their schools to court and they lose simply based on the argument that "he's a foreigner and foreigners shouldn't be allowed to win in Korean courts." Effed up I know, but that's the state of mind your working with here.
As for finding another gig, I'm not sure if you're prepared enough for that. You may have to take the first thing that comes along. Do you have any savings yet? Do you know where you'll live? Do you know how to do a visa transfer? Do you know how to cancel and get a new visa? Also consider, if you're out looking for a job after being cut lose from one after a few weeks, other schools might not be so keen on hiring you. They don't like trouble makers. |
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decolyon
Joined: 24 Jul 2010
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Posted: Fri Jun 17, 2011 9:05 pm Post subject: |
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Wow man. What happened? Were you screaming at kids or something? I've never heard of a school letting a teacher go this soon over student complaints.
Also, something isn't adding up. Your "hardcore" academy thinks you aren't "fun enough." Usually schools go one of two ways. They're either hardcore, in that they don't expect students to have fun. Or they're fun, we're too much prep and strict classes are discouraged.
Plus, you just got off the boat here. If you're school is having issues with you this soon, we need more information to advise you better. What school was it? Is it a big chain or a mon-n-pop? Have you talked to your coworker about it? Usually the other foreigners will give you a heads up about how your classes should be run. Remember, academies are businesses first, and schools second. They're goal is to make money and educate later. If your teaching style is preventing them from making money, you need to change. So ease up on your class. Throw some fun English games in. Don't push your students. Some times it's best just to chit chat with them and get them comfortable. Ask them about what music they like or movies. Then, go listen to that music so you can sing and cut up with them a little bit.
There is a different method to the madness here. I would say don't give p and try again. But I haven't heard of hagwon wanting to let someone go so soon after coming over. Maybe you need to rethink if this is for you? It doesn't fit everyone that comes over.
As for a legal fight.... not going to happen. The system works against you. You'd be hard pressed to even find someone to represent you and remember, this is not the West. What's fair and legal back home, doesn't work here. I have heard of people trying to take their schools to court and they lose simply based on the argument that "he's a foreigner and foreigners shouldn't be allowed to win in Korean courts." Effed up I know, but that's the state of mind your working with here.
As for finding another gig, I'm not sure if you're prepared enough for that. You may have to take the first thing that comes along. Do you have any savings yet? Do you know where you'll live? Do you know how to do a visa transfer? Do you know how to cancel and get a new visa? Also consider, if you're out looking for a job after being cut lose from one after a few weeks, other schools might not be so keen on hiring you. They don't like trouble makers. |
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daveeslcafe888
Joined: 09 Apr 2011
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Posted: Fri Jun 17, 2011 9:21 pm Post subject: |
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Hi Guys,
Thanks for the quick comment.
1. As for why I got fired, I am still considering that.
Basically, it sounds like if a student was dissatisfied, he complained to his mom. The mom pulled the student out of the class and told all the other moms.
2. To my credit, I did always come early, prepared thoroughly, and went over a lot of material. It just sounds like many of these children came from very wealthy families and were used to have a very charismatic, entertaining teacher.
I never raised my voice, always asked for feedback, and was open to the progress of all the students. They knew I cared and told me they appreciated it.
3. I like the idea of being a public school teacher. Can I just walk in and apply to a public school in Gangnam? |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Fri Jun 17, 2011 9:29 pm Post subject: |
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decolyon wrote: |
. I have heard of people trying to take their schools to court and they lose simply based on the argument that "he's a foreigner and foreigners shouldn't be allowed to win in Korean courts." . |
Nonsense. He would lose because he doesn't have a case...as did the other people. As pointed out he was let go before six months and that is legal here...for both Koreans and foreigners.
But I've been successfully involved in one such case myself and another on behalf of a friend. There are also other people on this board with success stories. You have to have a case though and all the paperwork to back it up. |
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litebear
Joined: 12 Sep 2009 Location: Holland
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Posted: Sat Jun 18, 2011 1:02 am Post subject: |
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Sorry it hasn't worked out. It does seem a little fishy that the school would go to the cost of replacing you so soon, whether it's something you're not telling us or something they're not telling you I guess isn't really relevant.
Like Tompatz said man, go and speak to your director and tell him that you'll happily go quietly and quickly if he gives you a Letter of Release. That'll allow you to change employers without getting new docs. Once you get that you'll be golden. Book into a Goshiwon for a month and find a new job.
Edit: Some of the advice on this thread was eerily prophetic!
http://forums.eslcafe.com/korea/viewtopic.php?p=2635202&highlight=#2635202 |
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sojusucks

Joined: 31 May 2008
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Posted: Sat Jun 18, 2011 2:27 am Post subject: |
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Get the letter of release and go to another school. |
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CentralCali
Joined: 17 May 2007
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Posted: Sat Jun 18, 2011 2:38 am Post subject: |
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rickpidero wrote: |
Go get a public school job, there are basically no standards and unless you just don't show up, you wont' be fired. |
OP: Do yourself a favor and ignore this asinine comment. |
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rickpidero
Joined: 03 Sep 2009
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Posted: Sat Jun 18, 2011 8:34 am Post subject: |
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CentralCali wrote: |
rickpidero wrote: |
Go get a public school job, there are basically no standards and unless you just don't show up, you wont' be fired. |
OP: Do yourself a favor and ignore this asinine comment. |
Elaborate... |
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thegadfly

Joined: 01 Feb 2003
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Posted: Sat Jun 18, 2011 6:00 pm Post subject: |
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rickpidero wrote: |
CentralCali wrote: |
rickpidero wrote: |
Go get a public school job, there are basically no standards and unless you just don't show up, you wont' be fired. |
OP: Do yourself a favor and ignore this asinine comment. |
Elaborate... |
I think cali meant that there ARE standards, and that it IS possible to get fired...not that a PS job is not a good idea.... |
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CentralCali
Joined: 17 May 2007
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Posted: Sat Jun 18, 2011 8:53 pm Post subject: |
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Exactly. |
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rickpidero
Joined: 03 Sep 2009
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Posted: Sun Jun 19, 2011 12:19 am Post subject: |
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rickpidero wrote: |
CentralCali wrote: |
rickpidero wrote: |
Go get a public school job, there are basically no standards and unless you just don't show up, you wont' be fired. |
OP: Do yourself a favor and ignore this asinine comment. |
Elaborate... |
Oh ok, well I'm not saying that public school teachers are bad, but really the standards are nil, it CAN vary from school to school. But for the most part, just show up and that is it, if you are not gross negligent, then you won't be fired. However, they could not renew your contract, but it will be fulfilled at least. |
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