Korean Job Discussion Forums

LindaYee · Posted: Thu May 10, 2012 8:44 pm Post subject: Contract cancelled

I started working at a private kindergarten at the beginning of March. My hours were 3 hours per day, 4 days per week. I took my contract to Immigration and have an E2 visa which expires at the end of February, 2013. Because the hours were part time, I was paid at a part time rate, with no benefits. At the beginning of April, they asked me to do two hours in the mornings, 3 days a week.
I have been very sick for two weeks caused by a flu that turned into a secondary chest infection followed by acute sinusitis. I visited the hospital twice, have been on two different antibiotics and painkillers and have medical certificates from them.
I was in daily contact with the school by phone and also email and this Tuesday I told them I would not be able to work Wed. afternoon or Friday.
The manager became hysterical, screaming abuse at me and accusing me of lying. I tried to talk to her but she became worse and I eventually hung up the phone.
Today they advised me they have cancelled my contract and visa because I was 'absent without notice' for two days.
I don't want to fight this. I can understand her distress. There was just nothing I could do about it.
What I need advice about is whether I can now get a D10 visa to carry me over whilst I look for another position.
Thank you in advance for any help.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

Reality Check Time:

1) You were sick
2) You had time off, more than just sick days

Get new documents, apply when healthy.

Troglodyte · Joined: 06 Dec 2009

If you haven't been there very long or the employer won't give you a LOR (which seems likely) then you'll have to prove that you were fired without just cause. That can be hard. Otherwise, I don't think that you can get a D10. You'll need to get a new visa.

The employer is still obligated to give you a notice of dismissal in writing and he's obligated to pay you up until the last day worked. If you're lucky, he'll crucify himself by writing your dismissal letter that you're being fired because you were sick. The labor board isn't likely going to accept it as a justified reason. Until you get a written letter, keep going to work or else they'll claim that YOU quit. You can also go to the labor board to say that your boss threatened to fire you (if he didn't already give you the letter). Be sure to get notes from your doctors to prove you were sick.

LindaYee · Posted: Mon May 14, 2012 6:51 am Post subject:

Thanks for those responses.
My contract was cancelled via email on Friday afternoon. The reason being used was that I was absent from school for two days 'without notice'.
This is one of the clauses in my contract that enables the Employer to 'cancel the contract in written form 30 days prior'.
She also states that she is cancelling the contract, not because I was sick, but because I was irresponsible by not giving enough notice for her to find a substitute teacher.
I was paid on the 10th May for the month ending 30th April, in full. I am only paid for the hours I teach. There is no sick pay.
I mainly want a Letter of Release. I also want her to know she can't dump an Employee because it has been inconvenient for her that I was off sick.
So, I've emailed her the information as stated in the contract. My contract says she must give me a Letter of Release if ever she 'assaults me verbally, physically or mentally' - which she has done.
I have spoken to Immigration and they have emailed me the forms I need to change to a D10, which I will do tomorrow.

Troglodyte · Joined: 06 Dec 2009

If immi is letting you change to a D10 then you don't need the LOR.

I would just recommend that you move on from it. If you have free time and want to pursue it, then you can try taking her to court. Otherwise, there's not much else that you can do (legally).

LindaYee · Posted: Tue May 15, 2012 5:17 pm Post subject:

Yep, I think I will let this go. Am feeling well again. Off to Immigration this morning. Good news is I've been offered a public school contract that I will look over this week, so maybe that's my silver lining Very Happy

bbunce · Joined: 28 Sep 2011

That really sucks to be fired over being sick. Hope you are feeling better and have a much better experience next time around.

LindaYee · Posted: Wed May 16, 2012 12:40 am Post subject:

Well, just got back from Immigration. They said that she had not cancelled my visa and so I needed a Letter of Release. I told them she would not send or email me one and that she was telling me to come to the school to get it, which I didn't want to do by this stage.
They telephoned her and she lied to them saying I had been absent from the school with no notice and that I had cost the school money and aggravation. They told me I needed to contact her to get the Letter of Release and 'sort this out with her'. So I told them she had fired me last Friday via email (which I had a copy of with me but they said that was not good enough evidence for them) and had also said she was cancelling sponsorship of my visa as of that day.
I have sent her a text saying that Immigration have asked me to pick up a Letter of Release from her.
I also have 2xCD's and a pair of books that I prepared my lesson plans from. I have said I will meet her at a neutral place to do a transfer.
If she won't do that then I feel that I'm only left with the option of going grovelling to her at the school, which I'm not really keen to do.
So, feeling pretty crappy at the moment.

Troglodyte · Joined: 06 Dec 2009

This is why people need to report their bosses BEFORE their boss fires them.

Anyway, go to the labor office and tell them that you were fired without just cause. See if they can help you out.

liveinkorea316 · Joined: 20 Aug 2010 Location: South Korea

Just go to the school and get the letter. It is the solution you need. Who cares about neutral ground I would be calling her and looking for the quickest possible transfer. I would want to get the LOR asap to get the paperwork started on the D10 on your end.

Sooner you get in sooner you get out. More time you give her to change her mind and think up ideas to screw you over man...........the more likely you are to get screwed over. Get it now.

lithium · Joined: 18 Jun 2008

LindaYee · Posted: Wed May 16, 2012 3:06 pm Post subject:

She sent me a text last night saying 'Sorry, we can't provide you with a Letter of Release, but I will send you an official copy of Notice of Dismissal via email tonight'.
She sent this to me, a copy in Korean and a copy in English.
The dismissal in English was worded -
"Dear ....,
It is with deep regret that we inform you your employment with the company shall be terminated effective May 11, 2012 for the following reasons - unexcused absence.
As a result we will discontinue your E-2 visa sponsorship as of May 11."
It's not signed.
I will take both of these to Immigration this morning and hopefully they will give me my D10.
I'm assuming Immigration told her she needed to cancel my visa and that she has done this by now.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

Are you qualified for a better visa? Are you part Korean by chance?

Troglodyte · Joined: 06 Dec 2009

If you have a doctors note, and you showed it to your employer (even if they claim that you didn't) you can tell the labor board that you were fired because you were sick. Show them the doctor's note. Tell them that you told your boss and showed her the note. Say that you feel you are being fired without just cause.

http://wiki.galbijim.com/Labor_Standards_Act#Article_30_.28Restriction_on_Dismissal.2C_etc..29

If you can show that your absence was for medical reasons, your boss isn't allowed to fire you.

They also aren't allowed to retroactively fire you. They can't tell you on 16 May that you were fired on 11 May.

LindaYee · Posted: Thu May 17, 2012 1:26 am Post subject:

YTMND - I am from NZ and only have an E2 visa.
I was not able to work for two weeks. I called her everyday to advise her of where I was up to. On the Tuesday of the 2nd week I called and said I had just been to the hospital, had a medical certificate, had started a 2nd round of different antibiotics and would not be able to work the 1-1/2 days left of the week and she would need to find a substitute, giving her 24 hours notice.
She completely lost it with me asking how long should she get a sub, 1 week, 2 weeks, 3 weeks? Screaming abuse at me about the stress I was causing her, accusing me of lying and not giving her enough notice up till then. I had to hang up on her because she would not let me talk and she was being abusive.
Up until then I would ring her every morning as soon as I knew after waking up if I could get up that day or not.
She then tried calling me back as late as midnight, also calling on my husband's phone. Neither of us would answer the phone by then.
I then did not hear from her again until she tried to call me again at 7pm two days later. By this stage I was avoiding talking to her and I sent her an email saying I was concerned about her treatment of me and was concerned that the relationship had broken down.
The next day she emailed me - saying she was firing me and cancelling my visa - reason being - absent without notice for two days.
I went back to Immigration today with the Letter of Dismissal. It had no stamp from the school and no signature and they would not accept it.
They also told me she has not yet cancelled my visa.
I asked them to call her and she said 'she was ready to cancel it but had not done it yet'.
They told me I would have to wait.
My husband's boss received a call from this woman's husband last night, to see if they could, together, come up with something bad about the two of us, to cause us some trouble. Saying as hagwon owners they should stick together.
Luckily, my husband's boss knows me, likes my husband and told this guy to get lost.
Immigration took my application for a D10 but said that does not mean it has been approved and to come back in three weeks to see if it was ready and that I could not work in that time.
So, it's a bloody mess. She has never had any intention of giving me a proper Letter of Release and is going to take her time to cancel my visa.
Immigration said by law she must do so, but they didn't seem worried about it today - appearing to be sympathetic to her.