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Physical deformity + limp = trouble finding + keeping job?
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redstriped



Joined: 14 Feb 2012
Location: Portland, OR

PostPosted: Sat Apr 07, 2012 9:46 am    Post subject: Physical deformity + limp = trouble finding + keeping job? Reply with quote

Hi everyone,

I saw a post from a few years ago on this topic, but was wondering what people might have to say about it today, or if anyone has had more recent experiences regarding the issue. I'm an American woman hoping to teach ESL in Korea starting this summer after graduation. The issue is that I have three deformed and non-functioning fingers on my left hand due to a birth defect. I also have a tight heel cord which causes me to limp slightly. Other than this, I'm healthy and "normal" looking. I know that Korea is an appearance-centered culture, so I was wondering two things:

Will this affect my chances of getting employment? I will of course make these issues known to my recruiter.

If I am offered employment, could my job later be jeopardized if students (or others) are freaked out about it?

Any info/tips are appreciated. Thanks!
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Apr 07, 2012 10:50 am    Post subject: Reply with quote

If it's not a health issue, then I wouldn't tell the recruiter about it. I can't remember now what the questions on the visa application actually say. Maybe someone else who has one in hand can quote them. But if your problem isn't an actual health issue that requires treatment or that impairs you in any way, and you don't have to note it on the application, then don't. If it looks like you can't avoid it without lying, then tell the recruiter. Being caught in a lie will likely get you in trouble down the road.

Can they fire you if the students don't like it? In the first 6 months, they can fire you for anything. They don't need a reason.

Will they fire you? In the case of a hogwon, that depends on whether the school owner has ethics. A lot don't. If they think that it will keep students, they'll fire you and probably give a fictional reason. If it's a PS, then they probably won't. They aren't interested in whether the kids think you're good looking or not, and the kids know it. Not that the kids won't mock you. I've seen kids mock adults plenty of times. I've also seen other teachers mock their co-workers to entertain the students. But you won't likely get fired for it.

Just my 2 cents.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Sat Apr 07, 2012 11:15 am    Post subject: Reply with quote

In my time here, I've met a guy who was legally deaf in an ear, someone who uses a single crutch to get around, and numerous people with less than 10 digits. I wouldn't worry TOO much.

What troglodyte says is pretty good - don't lie, but don't answer any more than you have to. When you see the questions that are asked, answer them directly. Don't expand beyond yes/no. If it asks for explanations, downplay everything. But don't lie.

What age are you looking at working with? Kids would probably be a problem. High school and above, not much of an issue, IMO.

When I worked at a middle school, I had a student who had a deformed hand (birth defect) and he simply wore a glove over it all the time. The other students knew why, but not seeing it made them put it in the back of their minds and it wasn't a problem. If I were you, I'd probably get myself a glove to wear and have it with me at all times. If it's an issue, just put it on and after a few days, no one will even notice. Yeah, it sucks that you might have to do that, but there is no ADA here, and it IS an image conscious society.

Try for a public school. They hire a lot of people other places won't (minorities, South Africans) and don't fire people without cause (generally). If you get hired there and didn't lie on any forms, you'll probably be safe.

Of course, it all does depend on the questions they ask. Do your best to play it like Gary Burghoff and good luck!
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Dodge7



Joined: 21 Oct 2011

PostPosted: Sat Apr 07, 2012 4:30 pm    Post subject: Reply with quote

^^Korea, where anyone can be a teacher. If you have a warm body come on by!

Deaf. Really?
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redstriped



Joined: 14 Feb 2012
Location: Portland, OR

PostPosted: Sat Apr 07, 2012 4:44 pm    Post subject: Reply with quote

Troglodyte,

Would there be harm in telling my recruiter though? My thought is (assuming I get an ethical recruiter... yes, I've heard these are few and far in between) that the recruiter, keeping this in mind, could perhaps warn me about individual schools or direct me toward schools whose owners they know would not mind this sort of thing.

I wouldn't want to not say anything to them and then get fired for a fictional reason 3 months into my contract, with no options or support, when there is the possibility that they could have known and done something about it. But I am well aware that just like private academies, recruiters are in it to make money.
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redstriped



Joined: 14 Feb 2012
Location: Portland, OR

PostPosted: Sat Apr 07, 2012 4:46 pm    Post subject: Reply with quote

Also, Nathan,

I've heard it is easier overall to teach younger children, so I was originally going for that, though here in the U.S. I've preferred to work with middle school and above. If I could, I'd definitely teach adults but I don't know if that's possible, given that all I have is a bachelor's degree.
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IncognitoHFX2



Joined: 15 Mar 2012

PostPosted: Sat Apr 07, 2012 4:47 pm    Post subject: Reply with quote

Your birth defects won't show up in a picture so I'd say not a problem.

Also, ESL really does only require a warm body in the beginning. I once knew a South African teaching here who could only speak a handful of English words yet she was renewed by her PS.
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Adam Carolla



Joined: 26 Feb 2010

PostPosted: Sat Apr 07, 2012 5:35 pm    Post subject: Reply with quote

OP: Appearance is an issue. I once worked with a guy who developed gout, and was subsequently fired (he had a pronounced limp and had trouble moving from class to class.) Now, he was generally unfortunate looking and didn't have the most charismatic of personalities either.

So, with that said, if you can get a job (which I don't think will be a problem), it would really behoove you to become popular with both your students and your coworkers. This is a blatant generalization, but Koreans are somewhat superficial, however I've also found that once you get past the first-impression stage, they really are quite genuine and warm.
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redstriped



Joined: 14 Feb 2012
Location: Portland, OR

PostPosted: Sat Apr 07, 2012 5:46 pm    Post subject: Reply with quote

Thanks Adam (love the Ace Man!) for being straight-forward. I am considering just hiding it in a pocket for the most part while I win them over with my wit and charm, though still mentioning it to a recruiter.

From what I'm seeing here so far, I definitely SHOULDN'T bring it up in an interview? Forewarning them wouldn't serve me well, would it?
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Joe Boxer



Joined: 25 Dec 2007
Location: Bundang, South Korea

PostPosted: Sat Apr 07, 2012 6:49 pm    Post subject: Reply with quote

Troglodyte wrote:
Can they fire you if the students don't like it? In the first 6 months, they can fire you for anything. They don't need a reason.

Do you have a link to back that up?
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Konglishman



Joined: 14 Sep 2007
Location: Nanjing

PostPosted: Sat Apr 07, 2012 8:41 pm    Post subject: Reply with quote

Dodge7 wrote:
^^Korea, where anyone can be a teacher. If you have a warm body come on by!

Deaf. Really?


Do you have a problem with someone deaf in one ear, being a teacher?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Apr 08, 2012 1:33 am    Post subject: Reply with quote

Joe Boxer wrote:
Troglodyte wrote:
Can they fire you if the students don't like it? In the first 6 months, they can fire you for anything. They don't need a reason.

Do you have a link to back that up?


No, but I'm sure it's not too hard to find. This applies also to Korean employees. It's considered a probationary period. You can call your local labor board to confirm this. It's common knowledge.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Apr 08, 2012 1:37 am    Post subject: Reply with quote

redstriped wrote:
Troglodyte,

Would there be harm in telling my recruiter though? My thought is (assuming I get an ethical recruiter... yes, I've heard these are few and far in between) that the recruiter, keeping this in mind, could perhaps warn me about individual schools or direct me toward schools whose owners they know would not mind this sort of thing.

I wouldn't want to not say anything to them and then get fired for a fictional reason 3 months into my contract, with no options or support, when there is the possibility that they could have known and done something about it. But I am well aware that just like private academies, recruiters are in it to make money.


I don't think that the recruiter will actually know whether one school or another would be better for you in this aspect. Most of them just want to get paid their commission. Which is good in a way because they may often overlook some of your faults. Some of them don't get the commission until after a few months (in case the teachers leaves or is fired) and if it's a big school then they may be hoping that the school will use their services again in the future. In these cases, they may not want to take a chance on someone who is 'less than perfect' (as they define the perfect teacher). If you look photogenic (young, happy, relatively good looking) then it won't be a problem for you to get a job. As someone else said, try for either a public school or a hogwon that teaches high school kids.
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Joe Boxer



Joined: 25 Dec 2007
Location: Bundang, South Korea

PostPosted: Sun Apr 08, 2012 3:48 am    Post subject: Reply with quote

Troglodyte wrote:
Joe Boxer wrote:
Troglodyte wrote:
Can they fire you if the students don't like it? In the first 6 months, they can fire you for anything. They don't need a reason.

Do you have a link to back that up?


No, but I'm sure it's not too hard to find. This applies also to Korean employees. It's considered a probationary period. You can call your local labor board to confirm this. It's common knowledge.

If it's not too hard to find, I hope you could supply a link. The reason I say this is because I think you (and others) are confusing the rule that stiplulates NO NOTICE need be given for the first 6 months. That does not equal no just cause.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Apr 08, 2012 5:55 am    Post subject: Reply with quote

Joe Boxer wrote:
Troglodyte wrote:
Joe Boxer wrote:
Troglodyte wrote:
Can they fire you if the students don't like it? In the first 6 months, they can fire you for anything. They don't need a reason.

Do you have a link to back that up?


No, but I'm sure it's not too hard to find. This applies also to Korean employees. It's considered a probationary period. You can call your local labor board to confirm this. It's common knowledge.

If it's not too hard to find, I hope you could supply a link. The reason I say this is because I think you (and others) are confusing the rule that stiplulates NO NOTICE need be given for the first 6 months. That does not equal no just cause.


I see what you mean. For the most part you're right. For the part that you're not 'right' you're also not 'wrong'. It's in fact a gray area that is sometimes debated in the courts.

Here's a link to the labor standards act (LSA). The 'no notice' part is in Article 35.
http://wiki.galbijim.com/Labor_Standards_Act#Article_35_.28Exception_of_Advance_Notice_of_Dismissal.29

The tricky part is in Article 30.
http://wiki.galbijim.com/Labor_Standards_Act#Article_30_.28Restriction_on_Dismissal.2C_etc..29
(1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason.

'Justifiable reason' - What is justifiable? Unfortunately this is not defined in the LSA. It is determined by a judge if the dismissal is disputed in court. Over time the courts have had general tendencies to accept different reasons as being justifiable or not.

If you want the nitty gritty background on it, I'd recommend the following article.
http://www.sciencedirect.com/science/article/pii/S0144818807000683

But aside from whether or not an employee was fired for justifiable reasons, there is also the question about whether or not they were in fact fired for the official reason that the employer may mention, or for another reason which may in fact be unjustifiable. If an employer says that you are not teaching well, getting complaints from students, showing too much contempt for the boss, or whatever, it's hard for an employee to prove that those are NOT the real reasons they are being fired. It may be that you're not bringing in the hundreds of new students that the school imagined would arrive just from hiring a foreigner. Maybe they want to let you go so that they can hire someone who's more photogenic. Maybe they want to switch to an exam preparation school and don't need you (which would probably require them to give you more notice and file a notice of some kind with the government.) Those probably wouldn't be considered justifiable, but the employer probably knows enough not to list those as the official reason for firing someone. Even if you DO think that you've got a good case for going to court, it's not cheap to go to court and there's no guarantee that you'll win. If it's a very straight forward case after the first 6 months, then it can be resolved by the labor board (as in the case of 11th month dismissals, and dismissals without notice). In the probationary period, it's another story.

If it looks like you were unjustifiably fired, then immigration may let you switch to a D10 visa so that you can get a new job in Korea without all the documents that were necessary for your original E2 visa. That will depend again on the (at least partially) subjective judgement of an immigration officer. (By the way, if your employer hasn't been paying taxes, pension, health insurance, or if he's been making illegal 'deductions' off your pay check, then it's a lot easier to gain sympathy from immigration.)

So in short, from a legal point of view you're right that they can't fire you without a reason. From a practical point of view, it's usually easy for employers to get around the law or even exploit the law.
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