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capitalone
Joined: 06 Jul 2011
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 Posted: Tue Sep 06, 2011 4:58 am Post subject: 11th Month Firing |
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Hi everyone,
I posted here a while ago in regards to some trouble my girlfriend was having. That's since been resolved in our favor, but now I need help.
My boss told me today that his company will fire me at the beginning of October. We had a meeting and I was told that the company is unable to a) afford my rent b) my salary is too high and that c) they'll be replacing me with a cheaper, Korean teacher.
October will be the beginning of my 11th month (i.e., my contract will expire at the end of November). He only gave me verbal notification today and no written notice.
As I said before in another post, I know people tend to exaggerate or leave things out, but the reasons listed above are the reasons I'm being fired.
What's your advice? I'll be speaking with the labor board first thing tomorrow, but what's the best way to proceed? I know you can ask to be reinstated or seek a settlement, but I want to get your input into the issue.
Thanks in advance.
Cheers, |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Tue Sep 06, 2011 5:42 am Post subject: |
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| October will be the beginning of my 11th month (i.e., my contract will expire at the end of November) |
Then this would be a 10th/~9th month firing.
Your options are as follows:
A) 2 months to find another school, and you can do a lot more.
B) Find another school for October, transfer, continue as usual.
C) As you stated, seek a settlement or get reinstated. I don't know about the latter, but I would try to reach a settlement. Perhaps they can pay you half your severance and give a release letter and you will simply move on with your life. |
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capitalone
Joined: 06 Jul 2011
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| Posted: Tue Sep 06, 2011 5:46 am Post subject: |
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Thanks for your response.
What do you mean when you say "you can do a lot more"?
Any advice for the labor board? Should I go to the immediately, or wait seeing as how I haven't been given the written notification? |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Tue Sep 06, 2011 5:52 am Post subject: |
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| What do you mean when you say "you can do a lot more"? |
It's not your fault if you "leave" Korea and your school doesn't tell immigration you are no longer working in Korea. That's like 2 free months to find a new school. Some people don't even bother leaving Korea and "do a lot more" 
| Quote: |
| Should I go to the immediately, or wait |
If you go there may be trouble. If you stay it might be double.... 
No, seriously though, what exactly do you plan on telling them, "Huh, sir, you speak English? Oh good, I got fired and they said they don't have money to pay me."
If it is true, how are you going to get paid? And what do you want to get paid for? October and November salaries? Severance? You want airfare reimbursement? Why aren't you asking us about pension issues? Make a list of what you want in the end and then it will be easier to determine which direction you can go. |
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capitalone
Joined: 06 Jul 2011
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| Posted: Tue Sep 06, 2011 6:02 am Post subject: |
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What I'm asking is if it's best to wait until the end of the month to go to the labor board or do it now.
I know you're just joking around, but if you're going to be sarcastic, I don't really need to hear it. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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capitalone
Joined: 06 Jul 2011
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| Posted: Tue Sep 06, 2011 6:09 am Post subject: |
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Thanks for the input.
Does it not have to be written 30 days notice? As well, when I'm terminated, I will have completed 10 months of my contract. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Tue Sep 06, 2011 6:11 am Post subject: |
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| Welcome to the horrible world of Hagwons. Everybody knows about this stuff already. The posts about this are everywhere here on Dave's. |
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capitalone
Joined: 06 Jul 2011
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| Posted: Tue Sep 06, 2011 6:13 am Post subject: |
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Yeah, I hear ya. Been looking around. Always helps to have some fresh input. I know there was a similar case that was posted a few days ago so I'm looking into that.
If you or anyone else has some fresh advice, let it be known!
Cheers, |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Tue Sep 06, 2011 6:36 am Post subject: |
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| I know you're just joking around |
No, I am serious, make a list of what you want. Really. Let us know. |
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capitalone
Joined: 06 Jul 2011
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| Posted: Tue Sep 06, 2011 7:00 am Post subject: |
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Alright, here goes:
Best to get in touch with labor board now and file a complaint or play dumb and go to them at a later date? I've only received verbal notification and nothing has been written.
Once I do contact the labor board, I'm looking for advice as to what to pursue - reinstatement or just flat out go for a settlement?
I'm assuming it's best not to find a new job. Correct or incorrect?
Beyond these questions, I'm looking for any general advice - things to avoid, etc.
Thanks again, |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Sep 06, 2011 8:03 am Post subject: Re: 11th Month Firing |
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| capitalone wrote: |
Hi everyone,
I posted here a while ago in regards to some trouble my girlfriend was having. That's since been resolved in our favor, but now I need help.
My boss told me today that his company will fire me at the beginning of October. We had a meeting and I was told that the company is unable to a) afford my rent b) my salary is too high and that c) they'll be replacing me with a cheaper, Korean teacher.
October will be the beginning of my 11th month (i.e., my contract will expire at the end of November). He only gave me verbal notification today and no written notice.
As I said before in another post, I know people tend to exaggerate or leave things out, but the reasons listed above are the reasons I'm being fired.
What's your advice? I'll be speaking with the labor board first thing tomorrow, but what's the best way to proceed? I know you can ask to be reinstated or seek a settlement, but I want to get your input into the issue.
Thanks in advance.
Cheers, |
Here is where you stand as an E2 teacher in Korea:
You can be fired for almost any reason, or no reason, if you are given 30 days notice. If the school cannot afford your pay - that is a very legitimate reason. Since you have been notified on September 6th that your last day will be early October, you have been given about 30 days. You could end up a few days over or short, we have no way of knowing from your post. It could end up that your boss owes you a few days pay if your last day comes before October 5.
If your boss has no money and the business is bankrupt you can be fired with no notice and your boss does NOT owe you 30 days pay.
You will not be entitled to any severance or return airfare under a standard contract, unless your contract has some provision for a pro-rata payment. Although it would be a nice gesture if your boss would pay you a pro-rata settlement for these amounts, and it happens sometimes (so you should request it nicely), it is quite unlikely.
The fact that you have been given no notice in writing is not material, even if it is required in your contract or by law. Since you freely admit that you were fired and given notice as of today, there is no damage from the lack of a piece of paper and no issue. If you go to the labor board tomorrow, they will have it in writing and on file as of September 7 that you have been fired. They could find in your favor and award you damages of zero won if you push for it.
If you showed up in October at the labor board and claimed to have been fired without notice, and your boss said he gave you notice in September, and you denied it, and there was nothing in writing - then you would have an issue and potential damages - although you would have to lie to make such a claim.
Whatever relationship you have with your boss as of today and before today will be made far worse if your boss finds out that you have gone to the labor board. It will make your remaining 30 or so days more adversarial and reduce your chances of any voluntary pro-rata payment of airfare and severance. So, unless they tell you they can get a lot of money from him for some other reason, you should ask them not to contact your boss.
OTOH - if your boss has not enrolled you in Pension or National Health Insurance, or if your taxes have not been handled properly, then you may have some issues. These can be handled after your last day, however.
You have 30 days to find a new job. Your best plan would be to stay on good terms with your boss and ask for a letter of release and get busy finding a new position - if you planned on staying in Korea. You can shop for a school, transfer without a visa run, use your documents on file if you had the national CBC required for your country etc. This makes it easier for you to find a job in the current competitive marketplace.
Good luck. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Tue Sep 06, 2011 8:26 am Post subject: |
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| reinstatement or just flat out go for a settlement? |
What do you mean by reinstatement (a google search brings only this thread to the top, so you would be paving new ground in the midst of GEPIK slaughterings if you can make this happen)?
You want the hagwon to take you back? With money they don't have? You want to work for free? I think it's safe to cross this one off the list. It's not an ambassador position you are holding. You can find another teaching job with a school that treats you better.
So, we are left with settlement. MAKE A LIST:
A. Severance
B. Pension
C. Airfare
D. Salary payments
E. Transportation fare (like for the bus or train to go to school)
F. Overtime
G. Rent money (if you paid)
H. Tax money
I. Unpaid wages
Make a list please. You haven't made a list and I have asked so I can see exactly what you are expecting. Go through A-I and let us know which ones you are seeking. If you go to Labor Board you would have to tell them this anyway. So, no need to be secretive here.
Also, include the amount of money for each item you are asking money for. |
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capitalone
Joined: 06 Jul 2011
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| Posted: Tue Sep 06, 2011 4:51 pm Post subject: |
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| Ok, thanks for the input, will let you know what happens! |
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