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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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 Posted: Fri Nov 04, 2011 4:32 am Post subject: immediate termination of contract |
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| On Friday I was sent an email by my school stating that my contract has been terminated and I am not to go in to the school on Monday because they have already found a replacement teacher. I have worked with the company for 9 months and I was shocked when I received the email. It is really shocking because the contract states that I need three letters of warning before they can terminate my contract. What can I do? Doesn't the school have to provide a 30 day notice period before terminating the contract? |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Fri Nov 04, 2011 6:20 am Post subject: |
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So you got no warnings at all in those 9 months and out of blue the canned you?
Wow.
If thats the case, go to the Labor Board. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Fri Nov 04, 2011 6:21 am Post subject: |
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What a shocker!
I suggest you go see your boss or former boss on Monday and find out what's going on. It might be a hoax or just somebody's bad idea of a joke.
Last edited by Stan Rogers on Fri Nov 04, 2011 6:25 am; edited 1 time in total |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Nov 04, 2011 6:22 am Post subject: Re: immediate termination of contract |
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| chachee99 wrote: |
| On Friday I was sent an email by my school stating that my contract has been terminated and I am not to go in to the school on Monday because they have already found a replacement teacher. I have worked with the company for 9 months and I was shocked when I received the email. It is really shocking because the contract states that I need three letters of warning before they can terminate my contract. What can I do? Doesn't the school have to provide a 30 day notice period before terminating the contract? |
Contact the labor board and file a complaint for unjust termination of employment. You should be able to get 30 days pay out of it.
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Nov 04, 2011 7:47 am Post subject: Re: immediate termination of contract |
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| chachee99 wrote: |
| On Friday I was sent an email by my school stating that my contract has been terminated and I am not to go in to the school on Monday because they have already found a replacement teacher. I have worked with the company for 9 months and I was shocked when I received the email. It is really shocking because the contract states that I need three letters of warning before they can terminate my contract. What can I do? Doesn't the school have to provide a 30 day notice period before terminating the contract? |
There are legal grounds for legal termination without notice - if you commit a serious criminal offense or perform some action that damages the school or threatens the students in some way.
Did you do or say anything, or is it possible your employer somehow thinks that you did? Are you sure it's not a hoax of some kind?
You need more information as to the reason for your immediate termination and you should be able to get either a reason or 30 days pay by going to the labor board. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Fri Nov 04, 2011 8:54 am Post subject: |
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The reason they gave is apparently I was late for class and people were watching me. However, I showed up at least 30 minutes before class. Plus the letter stated that the parents were complaining and wanted a new teacher. What were these complaints? I have no idea because no one informed me of any of them. I mean, I did send home a few notes with the students asking them to write out what they did 10 times and have their parents sign it. But that was only for extreme cases like when one student spit in the face of another student. I also would text some of the parents if their child was consistently coming to class without a book. However, those are meaningless and to be honest, should be praised.
What upsets me the most is the company will not answer their phone even after I called them immediately after I have received the SMS.
Also in the email they stated that I am not supposed to have anything to do with them and if I do anything about it they will tell immigration that I am "causing trouble" and will get me blacklisted from working in Korea. Fat chance of that happening since I did not do anything that violated any law.
In all,this complete BS. and they have no evidence to permit an immediate dismissal. They have to understand that I have no written warnings about my behaviour.
On a positive note, the company offered me 8 days pay and will assist in obtaining a release letter.
I am going to talk to the labour board about this on Monday and see what they say. Who knows. I might not be able to do a thing. But how can i discuss this matter with the company if they refuse to talk with me? I really have no choice but to see what the labour board tells me what options i have. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Fri Nov 04, 2011 9:08 am Post subject: |
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Good luck to you and I hope the Labour Board is able to help!
I will say sending texts to the parents like you did or asking kids to copy something 10 times and have their parents sign it could have sent a bad message unless you actually cleared this with your school before.
Contacting parents should be something the school agrees too, especially in the form of text messages. Since you did send SMS to parents, I assume you got their cell numbers somewhere and that somewhere in all logic should be your employer....otherwise how would you get the phone number of your students parents? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Nov 04, 2011 9:56 am Post subject: |
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Hopefully the Labor board can help.
If possible, try to get your release letter, 8 days pay and any other money they owe you before they find out you've visited the Labor board. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Fri Nov 04, 2011 7:20 pm Post subject: |
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| PatrickGHBusan wrote: |
Good luck to you and I hope the Labour Board is able to help!
I will say sending texts to the parents like you did or asking kids to copy something 10 times and have their parents sign it could have sent a bad message unless you actually cleared this with your school before.
Contacting parents should be something the school agrees too, especially in the form of text messages. Since you did send SMS to parents, I assume you got their cell numbers somewhere and that somewhere in all logic should be your employer....otherwise how would you get the phone number of your students parents? |
The parents phone numbers are on the attendence sheet. The Korean co-teacher and I are in separate rooms teaching different classes. I spoke with the Korean co-teacher about children's behaviour many times, but nothing was done, especially about students who do not bring their books to class. I explained to her that it would be best if students left their Student Book in class and took home the activity book for homework. I would also text the homework to the parents if they requested.
I only sent home three notes.
1 - for hitting another student
2- spitting on another student.
3- continously swearing at me in class in English and Korean (yes I know those words in Korean) after explaining on several occasions that it was inapproriate language.
I believed that all the notes were justified and completely appropriate given the circumstances. I didn't think I would need permission from a higher authority to do that. The reason for each note was written in both Korean and English so parents could understand the reason behind it and all the student had to do was write a message such as "I will not hit other students." |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Fri Nov 04, 2011 7:27 pm Post subject: |
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| ontheway wrote: |
Hopefully the Labor board can help.
If possible, try to get your release letter, 8 days pay and any other money they owe you before they find out you've visited the Labor board. |
My goal is to settle this without using the labor board. However, I have phoned the company is ignoring my phone calls, sms's and emails. In the termination email they sent me, they basically stated that the relationship between me, the school, and themselves is non-existent and we are to be considered strangers from this point on. All I want to do is speak with them and have a rational discussion about the matter. Howeder, how can I talk about the matter if they are ignoring me. I will wait until monday and contact them again. If they do not answer me then I will visit the school. If that causes problems I will have no choice but to take this up with the labor board.
I am going to use the labor board as my last resort. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Fri Nov 04, 2011 7:39 pm Post subject: |
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| You cannot reason with those who won't listen. Looks like you should pursue other options. |
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shaunew
Joined: 17 Apr 2007
Location: Calgary
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| Posted: Fri Nov 04, 2011 7:56 pm Post subject: |
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| welcome to Korea. This happens all the time. Just happen to me again. I have been here for 8 years and hear it all the time. So glad to be done in Korea within the next few months. |
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hogwonguy1979
Joined: 22 Dec 2003
Location: the racoon den
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| Posted: Fri Nov 04, 2011 8:16 pm Post subject: |
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| OP make sure you show up to work on Monday and keep showing up, if you dont they could make an argument that you quit your job and would win a case in front of the Labor Board. They also have to give you written notice of your termination, an email/sms doesnt suffice |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Fri Nov 04, 2011 10:08 pm Post subject: |
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| hogwonguy1979 wrote: |
| OP make sure you show up to work on Monday and keep showing up, if you dont they could make an argument that you quit your job and would win a case in front of the Labor Board. They also have to give you written notice of your termination, an email/sms doesnt suffice |
Good point! Show up and get formal written notice of your termination. A lot of Korean employers want to get the foreigner to quit or resign because it washes them clean of any responsibility.
I knew a guy once who had an employer who put a lot of pressure on him to resign. He refused and they were quite annoyed by that fact. He told them if they wanted to terminate him that was their decision not his. They ended up letting him finsh his contract because they had no grounds to terminate employment. |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Fri Nov 04, 2011 11:39 pm Post subject: |
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| Stan Rogers wrote: |
| hogwonguy1979 wrote: |
| OP make sure you show up to work on Monday and keep showing up, if you dont they could make an argument that you quit your job and would win a case in front of the Labor Board. They also have to give you written notice of your termination, an email/sms doesnt suffice |
Good point! Show up and get formal written notice of your termination. A lot of Korean employers want to get the foreigner to quit or resign because it washes them clean of any responsibility.
I knew a guy once who had an employer who put a lot of pressure on him to resign. He refused and they were quite annoyed by that fact. He told them if they wanted to terminate him that was their decision not his. They ended up letting him finsh his contract because they had no grounds to terminate employment. |
If they do terminate me, do they have to provide a 30 days notice? |
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