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Can you be stopped from leaving?
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Thu May 20, 2004 8:02 pm    Post subject: Reply with quote

Accusations now made by owners regarding theft or any crimminal complaint, must be accompanied by a police report. It's extremely unlikely that any such thing will happen. I had my previous director pull that on my wife after we resigned and I challenged him on the theft charge, admittedly threatening to tear his head off and do a dump down his neck and he admitted that the cops were his friends and that he just wanted to frighten her, so as to regain some of the face he believed he lost. Moron that he is. Tell your friend to go and forget about the owner and his stupidity. Smile
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Derrek



Joined: 15 Jan 2003

PostPosted: Fri May 21, 2004 1:59 am    Post subject: Re: ... Reply with quote

Gord wrote:
Kristsoy wrote:
this may be true but most owners would never bother with the weeks of paperwork it takes to actually get that into an imigration computer

owners dont have the power to call immigration today and say oh a teacher stole my desk, stop him her from leaving the country. they have to prove it


I can safely assure you that all that is needed is a single phone call to the local Immigration office and a single complaint filed. If the complaint is viewed as being valid such as the accusation of violence, theft or fraud (for example), the person will be denied permission to leave the country until an investigation can be completed.


I agree. I don't know where people are getting off assuming and telling others that there is "all this paperwork" that must be filed. That is total bull. I've been to immigration. I've been grilled there. I've seen the place where complaints are filed.

It's darned easy for someone to do.
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Fri May 21, 2004 3:26 am    Post subject: Re: That's a good point about breach of contract! Reply with quote

Shadow wrote:
Zed wrote:
I wonder if they could levy some fine against her for breach of contract. Then they could hold her until it's paid maybe.


I don't want to stray from the topic here. However, since you mentioned breach of contract, isn't the Director in breach of contract if he has given an employee only half of his/her monthly salary? What can an employee do in such cases? Can he legally refuse to work? Should an employee accept half of his/ her monthly salary in any case? Please advise!
Did I miss something? Where does this half month salary come into play. I don't see it in the OP.
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Fri May 21, 2004 3:27 am    Post subject: Re: That's a good point about breach of contract! Reply with quote

Zed wrote:
Shadow wrote:
Zed wrote:
I wonder if they could levy some fine against her for breach of contract. Then they could hold her until it's paid maybe.


I don't want to stray from the topic here. However, since you mentioned breach of contract, isn't the Director in breach of contract if he has given an employee only half of his/her monthly salary? What can an employee do in such cases? Can he legally refuse to work? Should an employee accept half of his/ her monthly salary in any case? Please advise!
Did I miss something? Where does this half month salary come into play. I don't see it in the OP.


It is the middle of May, so she won't get May's salary.
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Fri May 21, 2004 3:51 am    Post subject: Re: That's a good point about breach of contract! Reply with quote

kangnamdragon wrote:
Zed wrote:
Shadow wrote:
Zed wrote:
I wonder if they could levy some fine against her for breach of contract. Then they could hold her until it's paid maybe.


I don't want to stray from the topic here. However, since you mentioned breach of contract, isn't the Director in breach of contract if he has given an employee only half of his/her monthly salary? What can an employee do in such cases? Can he legally refuse to work? Should an employee accept half of his/ her monthly salary in any case? Please advise!
Did I miss something? Where does this half month salary come into play. I don't see it in the OP.


It is the middle of May, so she won't get May's salary.
How is this the employer breaching the contract? I don't think that that's what Shadow was refering to anyway.
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Fri May 21, 2004 3:56 am    Post subject: Re: That's a good point about breach of contract! Reply with quote

Zed wrote:
How is this the employer breaching the contract? I don't think that that's what Shadow was refering to anyway.


I am not sure about that one. Why was the person leaving?
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Fri May 21, 2004 4:13 am    Post subject: Re: Can you be stopped from leaving? Reply with quote

Toby wrote:
A friend of mine told her school today that she was leaving on saturday. They promptly turned around and said that she couldn't leave and that they were going to call immigration to stop them.

My immeadiate response was, when she asked me, that they can't actually stop you from leaving the country unless they had broken some law or other, which they haven't. The reason was for a family emergency. They, of course, will not pay her her severance of flight, but can they stop her physically?
Seems to say family emergency to me and nothing about withholding wages.
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Fri May 21, 2004 4:14 am    Post subject: Reply with quote

Right, I don't see where the employer has broken the contract
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Toby



Joined: 15 Jan 2003
Location: Wedded Bliss

PostPosted: Fri May 21, 2004 12:59 pm    Post subject: Reply with quote

As of yesterday, the employer had witheld due wages for the previous month. They are leaving today, so am not sure what the outcome is/was.
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Fri May 21, 2004 1:43 pm    Post subject: Reply with quote

How long did your friend work there?
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Toby



Joined: 15 Jan 2003
Location: Wedded Bliss

PostPosted: Fri May 21, 2004 2:24 pm    Post subject: Reply with quote

Maybe 6 months. Not sure.
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Fri May 21, 2004 2:29 pm    Post subject: Reply with quote

So your friend perhaps owes the airfare?
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Toby



Joined: 15 Jan 2003
Location: Wedded Bliss

PostPosted: Fri May 21, 2004 2:48 pm    Post subject: Reply with quote

No. They were already here. She doesn't owe them anything.
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Fri May 21, 2004 3:06 pm    Post subject: Reply with quote

Well if she hasn't been paid for April it's probably good that she's not going to be working for him anymore anyway.
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Barking Mad Lord Snapcase



Joined: 04 Nov 2003

PostPosted: Fri May 21, 2004 9:23 pm    Post subject: Reply with quote

If I worked for employers who made such a threat, I would make some very elaborate and unshakeable plans to run.

In the old story of the man with the coat, some Korean bosses insist on playing the wind and blow ever harder and harder. They rarely ever think about playing the sun. "If you force it to happen, it will happen". Rolling Eyes
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