Korean Job Discussion Forums

[cyclobster]

Hello all,

I'm currently on month 7 of a one year contract. My director told us that the school will very likely be closing in about three months (when I'm on month 10). The school is just one branch of a larger corporation and the corporation will still be in business after the campus shuts down. All the other foreigners finish their contracts before the closure except for me. My director told me to look for another job even though I said I had been planning on going back home after this contract.

I haven't confronted my director yet but I'm pretty sure she assumes that the company doesn't have to pay me my severance or reimburse my plane ticket home. They can just cancel the contract. However, under the terms of the contract, there aren't any grounds for termination. I'm pretty sure I'm about to get f$@#^ed out of about $3,500 soon.

I've been in Korea for 3 years and I've seen that waving your contract around won't win you any friends nor have I found it to be an effective way of getting things done. I'd really appreciate any suggestions on what to do from other people who've had their schools close towards the end of their contracts.

Thanks

[koreatimes]

Let's see. Your first year at a school has to have 12 months before you get severance. That's my understanding as it pertains to the law. So, it will be hard to enforce severance pay.

Airfare is debatable, but still a hard one to argue here. The thing is both they can fire you now, or you could get up and leave. It's both a mutual thing right now. If you aren't getting any benefits, then there is no incentive for you to stick it out these next 3 months. That's your strongest card to play. This is what I would do:

1. First, try to get 10 months severance, 10/12 your monthly salary.

2. Failing that, tell them a sob story. You probably didn't get any airfare for staying in the country (if you didn't have to enter Korea). So, they saved money by not paying for this airfare. Now that's 10/12 your monthly salary, plus airfare to come to Korea. See what they are willing to give.

3. If they show no signs of compromising, ask them politely, "How much will you be making by keeping me teaching here for 3 months?" They don't have to answer you this, just ask them to think about the answer. Walk out the office. Wait for payday, ask them again 1 and 2 (making sure they understand there is no incentive for you to stay), if there are no changes, pack up and leave. If they are unwilling to compromise, neither should you.

[jrwhite82]

How long have you been with this school? You said you are 7 months into a 1 year contract. I'm assuming that means this is your first year there.

If it is your first year there, you are screwed on severance and airfare. You need to complete the contract (regardless of who terminates it) to get those benefits.

If my assumption is wrong and you are 7 months into your 1st or 2nd renewal contract:

If it is your second/third year at the same school you can still get your severance...IF...you never cashed it out before. Example: You've worked there for 30 months. The school would owe you 2 1/2 months salary calculated at the average of your last 3 months of employment there. If you cashed it out, you get nothing.

Same goes for airfare. If you've been there for more than one contract and they never bought you a ticket home, you should be able to get that too. (Depending on what your contract says though)

Your employer has grounds. It's called "managerial needs" under the Labor Standards Act.

That being said, see if you can transfer to another school within the same company and find out if that school will be willing to honor the terms of your contract. If your paycheck comes from a central location, you might have a shot.

If she likes you see if she'd be willing to prorate your airfare and severance. She is not required to though.

I wish I had better news for you.

[bbunce]

Those are some excellent suggestions. However, I'd wait to do anything until you know for sure.

[ttompatz]

[jonpurdy]

[jrwhite82]

The OP should start making other arrangements ASAP. What were you planning on doing when you returned home?

And I think these matters need to be discussed immediately with your current employer. Waiting will only cause more of a problem.

Set up a meeting with your boss (dinner/office, whatever is most comfortable). Explain to her that you are really sorry to hear about the school and hope there is some way it can remain open. Then explain to her that you are worried about your severance payment and airfare. You were counting on that money to get home and hold you over until you start a new job in your home country. It's not like you'd be moving to one of the school's competition. You have been holding up your end of the deal (especially because you said she likes you). I think the reasonable thing would be to prorate it like Koreatimes and I said. She isn't required to, but if she likes you as an employee, and she has the means to throw you a bone, I don't see what would stop her from doing it. She doesn't sound like a monster.

Bbunce, this is similar to your airfare situation so you're right that he needs to find out for sure. Time is not your friend in these situations. So the OP has to find out exactly what are the director's intentions ASAP. Then he can make a choice about sticking it out to earn another couple months salary, playing hardball with the threat of an immediate walk out, or just abandoning ship after pay day without even negotiating.

There is risk in each scenario -

1) Sticking it out. You get another 2-3 months salary like Jonpurdy said. BUT who knows, she might be really broke and can't even pay your last month's check. Meaning you worked a whole month for free. Good luck getting money from someone who has none while you are out of the country.

2) You play hard ball. She might call you and then you're done. Be prepared for that.

3) Game over, hopefully you can afford your own ticket home and have someone to stay with until you find gainful employment.

[cyclobster]

Thanks everyone,

@ ttompatz; I'm not sure whether this would count as financial distress of the company because the company has a corporate office and two other campuses that are doing well. They're going to close my school because they don't think it will become profitable in the future, not because they're broke.

Here's what I'm considering. Similar to koreatime's suggestions.


1. Giving them the finger and walking. Fortunately for me I tend to live within 50% of my means so I do have considerable savings from the last 3 years of employment. I was actually planning on being unemployed after this contract anyways to work on other projects and enjoy my homeland. It would also satisfy my pride but I have a new girlfriend, another foreigner, and I'd like to stick around for a few months to see if she is the one.

2. Sticking it out. While I am on good terms with my boss I'm really unsure how to approach her. She's one of "those bosses" you hear about in black list forums. I've seen her ripping pages out of teachers' lesson binders and throw books/other items across the room when she gets upset. She fires a Korean teacher once every two to five weeks. I once asked her if I'd be getting overtime pay for working overtime (a mistake I haven't repeated) and her jaw dropped to the floor. "No Korean would ever ask that", she said. I'd need some help figuring out the best way to convince her to give me the money or tell headquarters to move me to another campus.

3. Sob story / ego petting. While I have seen this method work with much success before, I have a very analytical and pragmatic personality. I feel like I'd have trouble doing this convincingly. Or maybe my pride would just sting to much.

4. Going to the Source. I've also considered leaving my boss out of it and just contacting headquarters directly; seeing if they'd be willing to pay or let me finish my contract at another school. Although I've never had any contact with them before and my Korean is so-so if nobody speaks English. This also might have a negative effect. I'd be undermining my boss's leadership and I've heard that the CEO likes my director. (she's getting re-hired at another campus as a teacher when the school closes.)

[jrwhite82]

Is your contract with this particular branch or the main corporation?

[bbunce]

I would just stick it out and see what happens especially since you have someone special in your life now to think about. Going directly to her boss or the hq will probably result in your immediate termination so be prepared for that but I think you already know that. Anyway, best of luck and hope it all works out.