|
Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
jpaul0983
Joined: 18 Dec 2009 Location: London, UK
|
Posted: Fri Aug 12, 2011 8:00 pm Post subject: Hagwon hasn't been able to pay in 3 months... what can I do? |
|
|
Hi,
I have quite a unique problem with my hagwon and hopefully someone with legal knowledge can advise me on the best course of action.
Ok so i came to Busan to work a 3 day per week job (with another 2 days part time work already organised - all legal and on an E2 visa)
The school was doing ok, had 2 korean teachers, me, the boss floating around and some other staff. The previous teacher stayed a year and got paid full severance package.
I got all the usual benefits, plus 2 weeks off in the summer and would finish before Christmas.
Then the boss started to have financial problems and korean teachers kept quitting, so the boss became one of the two korean teachers, meaning she couldnt cover me for 2 weeks and so decided to fire me (with less than the agreed notice).
I didnt mind strangely, but as her other foreign teachers (willing to work for less) didnt pan out, i sensed an opportunity. I agreed (not in a contract, just a verbal agreement by mutual consent) to forego my severance money (i planned to extend by 6 months anyway) and airfare and 100k pay cut in exchange for seriously reduced working hours and a lot of paid vacation.
Ok so here's where the trouble starts. She gave me 3 weeks paid vacation in the summer (i actually took 4 in the end) and I was out of the country for my June pay day (for all work done in May), then i just got back a couple of weeks before the July pay day and didnt want to press too much about getting paid for a month i wasn't even here (i'm not used to being paid for vacation!). But now it's August and i've not received a penny for May, June and July. I love the school and have a great relationship with the boss, but i can see she has big money problems as other korean staff have been paid late for the last few months. She told me her credit cards have been cut off and i can see she has replaced not only the korean teacher but even the cleaner! i think we all know a hagwon boss is desperate if she will stoop to cleaning her own floors.
I basically want to make sure, no matter what, that i do get this money in the end. So is there anything i should do, like get her to sign something, or should i start talking about changing schools. is there someone i should notify about this in case i need to take action in the future and need evidence? i don't want to mess up her business, and if she cant pay then she cant pay. I feel like China, its all very well having the united states owe me money, but if i'm never going to get it, it's time to worry. So is there any kind of insurance or law in Korea that will pay out if my school goes bust or can't pay? I don't want to be in a situation where I keep working and get nothing for it.
Thanks,
J |
|
Back to top |
|
 |
nero
Joined: 11 Mar 2009
|
Posted: Fri Aug 12, 2011 9:09 pm Post subject: Re: Hagwon hasn't been able to pay in 3 months... what can I |
|
|
jpaul0983 wrote: |
if she cant pay then she cant pay. |
She can't pay.
Why are still working there? She is probably stoked you are working for free. As you make a verbal agreement with her rather than an official contract when the other teacher fell through, i would say you are mod edit |
|
Back to top |
|
 |
marsavalanche

Joined: 27 Aug 2010 Location: where pretty lies perish
|
Posted: Fri Aug 12, 2011 9:13 pm Post subject: |
|
|
maybe the labor board can help you brah |
|
Back to top |
|
 |
jpaul0983
Joined: 18 Dec 2009 Location: London, UK
|
Posted: Fri Aug 12, 2011 9:16 pm Post subject: |
|
|
umm, thanks for that 'helpful' reply. I'm not working for free, i didnt say 'give me no money for 12 months' i have a contract, the same contract as when i started working there. the slight changes to working hours and pay i think were just verbal, although we may have signed something i'll have to check. im sure lots of people have been in a situation where the hagwon is struggling to pay. my question is how long do you keep working before enough is enough. considering that the boss is saving a lot of money by doing the job of a korean teacher and cleaner and the student numbers are about the same as before, i have reason to believe the hagwon might be doing better financially, but without access to her records its hard for me to be sure. also the family is quite rich, so i have reason to believe they could pay if it came to legal action (maybe shes too stubborn to ask her dad for money, as many hagwon bosses are quite proud people).
So how long should you wait and are there any procedures or paperwork that could cover my ass if i ever had to take legal action? |
|
Back to top |
|
 |
marsavalanche

Joined: 27 Aug 2010 Location: where pretty lies perish
|
Posted: Fri Aug 12, 2011 9:23 pm Post subject: |
|
|
jpaul0983 wrote: |
umm, thanks for that 'helpful' reply. I'm not working for free, i didnt say 'give me no money for 12 months' i have a contract, the same contract as when i started working there. the slight changes to working hours and pay i think were just verbal, although we may have signed something i'll have to check. im sure lots of people have been in a situation where the hagwon is struggling to pay. my question is how long do you keep working before enough is enough. considering that the boss is saving a lot of money by doing the job of a korean teacher and cleaner and the student numbers are about the same as before, i have reason to believe the hagwon might be doing better financially, but without access to her records its hard for me to be sure. also the family is quite rich, so i have reason to believe they could pay if it came to legal action (maybe shes too stubborn to ask her dad for money, as many hagwon bosses are quite proud people).
So how long should you wait and are there any procedures or paperwork that could cover my ass if i ever had to take legal action? |
y did you not get those changes in writing?
that's life skills 101. that's the purpose of a contract brah. |
|
Back to top |
|
 |
JAZZYJJJ
Joined: 18 Jul 2006
|
Posted: Fri Aug 12, 2011 10:42 pm Post subject: |
|
|
marsavalanche wrote: |
jpaul0983 wrote: |
umm, thanks for that 'helpful' reply. I'm not working for free, i didnt say 'give me no money for 12 months' i have a contract, the same contract as when i started working there. the slight changes to working hours and pay i think were just verbal, although we may have signed something i'll have to check. im sure lots of people have been in a situation where the hagwon is struggling to pay. my question is how long do you keep working before enough is enough. considering that the boss is saving a lot of money by doing the job of a korean teacher and cleaner and the student numbers are about the same as before, i have reason to believe the hagwon might be doing better financially, but without access to her records its hard for me to be sure. also the family is quite rich, so i have reason to believe they could pay if it came to legal action (maybe shes too stubborn to ask her dad for money, as many hagwon bosses are quite proud people).
So how long should you wait and are there any procedures or paperwork that could cover my ass if i ever had to take legal action? |
y did you not get those changes in writing?
that's life skills 101. that's the purpose of a contract brah. |
you miring? |
|
Back to top |
|
 |
DaHu
Joined: 09 Feb 2011
|
Posted: Fri Aug 12, 2011 11:23 pm Post subject: |
|
|
You ARE working for free. Should have left the minute you didn't get paid. Well, should have left when you were fired, actually. And to give up severance and airfare for a job? I don't understand that. Any place could give you a job and not cost you thousands of dollars. |
|
Back to top |
|
 |
koreatimes
Joined: 07 Jun 2011
|
Posted: Sat Aug 13, 2011 2:14 am Post subject: |
|
|
Use this time to find a new school and get her to transfer you as soon as possible. No use trying to pump a dry well. |
|
Back to top |
|
 |
Son Deureo!
Joined: 30 Apr 2003
|
Posted: Sat Aug 13, 2011 6:59 pm Post subject: Re: Hagwon hasn't been able to pay in 3 months... what can I |
|
|
jpaul0983 wrote: |
I love the school and have a great relationship with the boss |
Jpaul, this is by far my favorite line in your entire post. This appears to be news to you, but for an employer-employee relationship to work, there are two key elements:
A) The employee works for the employer.
B) The employer pays the employee.
Neither of those elements appears to be present any more, since your boss fired you and hasn't paid you for several months' work, so I'm having a hard time seeing what's so great about this relationship.
jpaul0983 wrote: |
I basically want to make sure, no matter what, that i do get this money in the end. So is there anything i should do, like get her to sign something, or should i start talking about changing schools. is there someone i should notify about this in case i need to take action in the future and need evidence? i don't want to mess up her business, and if she cant pay then she cant pay. I feel like China, its all very well having the united states owe me money, but if i'm never going to get it, it's time to worry. So is there any kind of insurance or law in Korea that will pay out if my school goes bust or can't pay? I don't want to be in a situation where I keep working and get nothing for it.
Thanks,
J |
It's your boss' responsibility to pay you for the time you worked for her, not the government's. If your boss can't or won't pay you, you won't get anything. The Labor Board may be able to help you by forcing your boss to pay, but the school is where any money is going to have to come from. A government order forcing her to pay you 3 months back wages just might mess up her business, as would any other employees and suppliers insisting on being paid for services rendered. All of these people would be competing with you for whatever money she has in bankruptcy court, which is where your boss is surely headed. Time is of the essence here, because in bankruptcy court, assets are handed out on a first-come-first-served basis.
The one thing you don't mention is your visa status, and this is the one bit of leverage your boss has over you. Are you still on an E2 sponsored by this woman? Do you have the documents in hand to get a new E2 visa (CRC, apostille, etc.)? If not, better get started. If you already have a new employer, you should try to get your boss to go with you to Immigration to get your visa transferred over to that school. If you don't have the docs handy, you may even want to consider cutting a deal where you forfeit some of the money she owes you (which you probably won't see all of anyway) in order to save you the time and expense of procuring new visa docs.
Good luck, Jpaul. You're going to need it. |
|
Back to top |
|
 |
oldtrafford
Joined: 12 Jan 2011
|
Posted: Sat Aug 13, 2011 7:27 pm Post subject: |
|
|
She gave me 3 weeks paid vacation in the summer (i actually took 4 in the end) and I was out of the country for my June pay day (for all work done in May), then i just got back a couple of weeks before the July pay day and didnt want to press too much about getting paid for a month i wasn't even here (i'm not used to being paid for vacation!). But now it's August and i've not received a penny for May, June and July. I love the school and have a great relationship with the boss, but i can see she has big money problems as other korean staff have been paid late for the last few months. She told me her credit cards have been cut off and i can see she has replaced not only the korean teacher but even the cleaner! i think we all know a hagwon boss is desperate if she will stoop to cleaning her own floors
You're not going to get a bean fella. Classic post, cheered me up no end, move on, or continue working for free!!  |
|
Back to top |
|
 |
hogwonguy1979

Joined: 22 Dec 2003 Location: the racoon den
|
Posted: Sat Aug 13, 2011 7:53 pm Post subject: |
|
|
oldtrafford wrote: |
She gave me 3 weeks paid vacation in the summer (i actually took 4 in the end) and I was out of the country for my June pay day (for all work done in May), then i just got back a couple of weeks before the July pay day and didnt want to press too much about getting paid for a month i wasn't even here (i'm not used to being paid for vacation!). But now it's August and i've not received a penny for May, June and July. I love the school and have a great relationship with the boss, but i can see she has big money problems as other korean staff have been paid late for the last few months. She told me her credit cards have been cut off and i can see she has replaced not only the korean teacher but even the cleaner! i think we all know a hagwon boss is desperate if she will stoop to cleaning her own floors
You're not going to get a bean fella. Classic post, cheered me up no end, move on, or continue working for free!!  |
OP brought this on himself, he should have arranged to be paid while on vacation there is something called a bank transfer, works pretty good for people and i hear its pretty easy to do some newfangled thing called an automated teller machine.
either the op is the biggest moron in the world or is a troll |
|
Back to top |
|
 |
jpaul0983
Joined: 18 Dec 2009 Location: London, UK
|
Posted: Sat Aug 13, 2011 8:01 pm Post subject: |
|
|
Thanks guys. Some of the advice, particularly regarding the labour board is much appreciated. But i'm a little surprised at the attitude of some of the posters here. I know a lot of foreigners treat the local people with contempt and mistrust, refuse to go out with the boss unless 3 months notice are given, and then its only for 1 drink before they make excuses about having plans already. Some see Koreans to be used and abused but i dont go along with that, i chose this school because the boss was decent, friendly and above all willing to negotiate and work outside the normal rules, hence i will have received about 10 weeks vacation in a 18 months if it all goes to plan. Clearly most people here would have jumped ship after a a few days of not being paid and let the school and kids' education go down in flames.
However my situation is quite different as i have some sympathy for the boss as she busts her ass day and night to get back on good financial footing and i trust that now shes saving a teacher and a cleaners salary (and merged another 2 positions into 1) i have good reason to think it will recover. My only question was... in the event this drags on, is there anyone i should speak to, such as the labor board, to give myself a better chance of reclaiming money later on and to cover my ass. Also i'll point out i could have been more forceful about getting paid, but i didnt need it right away and i knew she was short on money and liked the idea of having the boss in my pocket so to speak. shes legally obligated to pay what she owes, so as long as she is bound by the agreement and pays in the end, i dont really care if its a month or two late. I dont see anyone accusing China of being mugs, yet they are owed a fortune they're never likely to see.
Thanks again for the posts. |
|
Back to top |
|
 |
koreatimes
Joined: 07 Jun 2011
|
Posted: Sat Aug 13, 2011 9:35 pm Post subject: |
|
|
Quote: |
I know a lot of foreigners treat the local people with contempt and mistrust, refuse to go out with the boss unless 3 months notice are given, and then its only for 1 drink before they make excuses about having plans already. |
WRONG. The complaint is that they expect teachers to sit through meetings conducted only in Korean, and then dinners of the same nature. This is why many try to get out of them. It has nothing to do with the beer.
Quote: |
i chose this school because the boss was decent, friendly and above all willing to negotiate and work outside the normal rules |
Yes, it's so nice to negotiate non-payment plans with hagwon owners. We should all be so lucky.
Quote: |
Clearly most people here would have jumped ship after a a few days of not being paid and let the school and kids' education go down in flames. |
If the school isn't making enough money, then I highly doubt there are enough students to suffer the horrors of a lack of Englishee in their regular routine of going to school, hagwon, soccer/taekwondo practice, etc...
Quote: |
shes legally obligated to pay what she owes |
Ok, this is the fork in the road. You will understand why other people would leave after I explain this.
On one side, she has the money and chooses not to give you it because she is investing in things like office space, resources, other staff salaries. You chose to wait on getting paid while she employed 2 people which she now has changed to one employee. You could have had some of that money if she had done this in the first place. She had money and she wasted it. Now she is trying to correct her mistakes, essentially with your money.
This is reason one why people would leave this type of situation.
Second, it's easier to collect before the school goes into bankruptcy. If the school has no money, how are they going to pay you? This is reason two for people to push getting paid earlier. Threatening to leave is a pretty good motivator to pay up, now rather than later.
Quote: |
I dont see anyone accusing China of being mugs, yet they are owed a fortune they're never likely to see. |
Why are they owed money? They didn't loan US money. They invested money, partly so US would buy Chinese products.
To make your situation analogous to China's, you would have to do something like give private lessons to students from her school (which is illegal on an E2).
US didn't go to some China bank and ask for a loan like we might do when getting a car or for a mortgage on a house. |
|
Back to top |
|
 |
Hotpants
Joined: 27 Jan 2006
|
Posted: Sat Aug 13, 2011 10:09 pm Post subject: |
|
|
Quote: |
I love the school and have a great relationship with the boss. |
You have such a great relationship that you're not getting paid and are unable to ask her directly for your salary?
Ask for the money or move on if you can't get it. Say you're sorry to go, but what else can you do. The fact that you've entered into a verbal agreement for reduced hours and pay kind of makes it tricky to look good in a labor hearing. Cut your losses and move on. |
|
Back to top |
|
 |
ssuprnova
Joined: 17 Dec 2010 Location: Saigon
|
Posted: Sat Aug 13, 2011 11:03 pm Post subject: |
|
|
jpaul0983 wrote: |
i will have received about 10 weeks vacation in a 18 months if it all goes to plan. Clearly most people here would have jumped ship after a a few days of not being paid and let the school and kids' education go down in flames.
|
Funny you mention being concerned about the kids' education while negotiating for 10 weeks vacation.
Quote: |
However my situation is quite different as i have some sympathy for the boss as she busts her ass day and night to get back on good financial footing and i trust that now shes saving a teacher and a cleaners salary (and merged another 2 positions into 1) i have good reason to think it will recover. My only question was... in the event this drags on, is there anyone i should speak to, such as the labor board, to give myself a better chance of reclaiming money later on and to cover my ass. Also i'll point out i could have been more forceful about getting paid, but i didnt need it right away and i knew she was short on money and liked the idea of having the boss in my pocket so to speak. shes legally obligated to pay what she owes, so as long as she is bound by the agreement and pays in the end, i dont really care if its a month or two late. I dont see anyone accusing China of being mugs, yet they are owed a fortune they're never likely to see.
Thanks again for the posts. |
So why did you bother posting? I mean, you've clearly made a decision already and all you're doing at the moment is trying to convince everyone that they're wrong and you're the only one who sees things clearly.
Summary: 7.5/10 troll. If not, /facepalm. |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
|