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kingssurfer
Joined: 14 Dec 2009
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 Posted: Tue Sep 25, 2012 4:05 am Post subject: Asked to leave 6 days early |
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My boss asked me to leave 6 working days before the expiration of my contract. She told me that she would give me my severance pay three days after I leave, a reference, and help me with whatever I need. However, she also told me she is not going to pay me for the last 6 days. My contract expires in early November.
She is leaving the school on Thursday to go abroad for two years, and the assistant, who has sub par English, will be taking over.
The other foreign teacher extended for 6 months, and got her severance pay at the one year mark, which makes me believe I will get it. Yet, I will receive no pay for the last six days.
Initially I was going to leave 6 days after the other foreign teacher, but my boss wants us to be replaced at the exact same time. When I asked for her reasoning, that is what she said. As far as I know, she is trying to screw me out of 600k.
I plan on getting a D 10 visa, and going back to my old company in March. I should still be there, but I had problems getting my FBI check on time. As for why I stay, I have a K girlfriend.
Will the labor board care about 600k? Any advice?
Thanks |
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newb
Joined: 27 Aug 2012
Location: Korea
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| Posted: Tue Sep 25, 2012 4:15 am Post subject: Re: Asked to leave 6 days early |
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| kingssurfer wrote: |
My boss asked me to leave 6 working days before the expiration of my contract. She told me that she would give me my severance pay three days after I leave, a reference, and help me with whatever I need. However, she also told me she is not going to pay me for the last 6 days. My contract expires in early November.
She is leaving the school on Thursday to go abroad for two years, and the assistant, who has sub par English, will be taking over.
The other foreign teacher extended for 6 months, and got her severance pay at the one year mark, which makes me believe I will get it. Yet, I will receive no pay for the last six days.
Initially I was going to leave 6 days after the other foreign teacher, but my boss wants us to be replaced at the exact same time. When I asked for her reasoning, that is what she said. As far as I know, she is trying to screw me out of 600k.
I plan on getting a D 10 visa, and going back to my old company in March. I should still be there, but I had problems getting my FBI check on time. As for why I stay, I have a K girlfriend.
Will the labor board care about 600k? Any advice?
Thanks |
You're treading dangerous water. What's with leaving 6 days early and paying 3 days after you leave. If you leave 6 days early and not complete the full 1 year term of your contract, you can kiss your severance good-bye.
I'd tell your boss, no deal unless you're paid severance and other money due on the last day. |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Sep 25, 2012 4:16 am Post subject: |
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| Get it in writing. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Tue Sep 25, 2012 4:55 am Post subject: |
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Get it in writing. If possible ask for it on the last day of work. You will accept the unpaid six working days, just severance and all final pay will be paid on last day. Do be very careful on what you sign and agree too!
If push comes to shove, just show up at the school on those six days. Work if you can, but be in school for your required work time. You might not get paid for sitting there, but they can not say you left early to avoid paying severance and/or flight tickets.
The labor board will not care about the money |
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Dodge7
Joined: 21 Oct 2011
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| Posted: Tue Sep 25, 2012 6:31 am Post subject: |
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| If she can pay you 3 days after you leave she can pay you on your last day. Get everything your last day or no deal. Not even if you get it in writing. |
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ajosshi
Joined: 17 Jan 2011
Location: ajosshi.com
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| Posted: Tue Sep 25, 2012 2:15 pm Post subject: |
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| Dodge7 wrote: |
| If she can pay you 3 days after you leave she can pay you on your last day. Get everything your last day or no deal. Not even if you get it in writing. |
+1000 |
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JustinC
Joined: 10 Mar 2012
Location: We Are The World!
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| Posted: Tue Sep 25, 2012 3:54 pm Post subject: |
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| 6 days is nothing, they could even pay you 6 days when you're not there. Don't accept as it really, really isn't worth it. |
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Ranman
Joined: 18 Aug 2012
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| Posted: Tue Sep 25, 2012 5:57 pm Post subject: |
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| She's trying to get out of paying your end-of-contract severance. Don't let her screw you. |
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Kepler
Joined: 24 Sep 2007
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| Posted: Tue Sep 25, 2012 7:11 pm Post subject: |
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| She can legally terminate you with 30 days' notice. So I don't think there is much you can do about losing 600K. If she tries to cheat you out of your severance because you worked six days less than a year then I don't think the labor board will look favorably on that (from what I've heard). She doesn't have to pay you on your last day. By law she has up to 14 days after your last day to pay you. It can be significantly more difficult to get a new job in Korea if a former employer is badmouthing you. You might want to be cooperative for now so that you can get a good reference. Once you've transferred to a new job you can always report her to the labor board if needed. |
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kingssurfer
Joined: 14 Dec 2009
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| Posted: Wed Sep 26, 2012 5:34 am Post subject: 6 days before |
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| Quote: |
| She can legally terminate you with 30 days' notice. So I don't think there is much you can do about losing 600K. If she tries to cheat you out of your severance because you worked six days less than a year then I don't think the labor board will look favorably on that (from what I've heard). She doesn't have to pay you on your last day. By law she has up to 14 days after your last day to pay you. It can be significantly more difficult to get a new job in Korea if a former employer is badmouthing you. You might want to be cooperative for now so that you can get a good reference. Once you've transferred to a new job you can always report her to the labor board if needed. |
As far as her badmouthing me, I already have two places to go, and if it wasn�t for this FBI bureaucratic nonsense, I would not be in this position.
I am not sure if this is the new thing. In the past year I heard of similar situations happening to other people. Before it was the 11-month firing, now it's the sugar coated unpaid 1 week termination with severance.
Here is what I did.
I wrote a contract addendum stating that I wanted my severance and final pay on my last working day. At first she did not really comprehend what I was saying, and told me she had already told me that she wanted me to leave early. I told her she hadn�t, and if she had there was a miscommunication.
She then told me that she has been generous to me, and that it would be convenient for her school to have me leave six days early. She said all this and made up some other bs about ( In Korea�) I told her she was cheating me out of money, and she didn�t care.
She then went and called the recruiter, who I suspect is the real one behind this, and told me to wait. She got back to me, and started crying about me not trusting her to give me my severance pay. Despite all this, she told me that I had done a good job for her, and she would help me out. She only gave me her word, and refused to do anything in writing. I am so sick of this hagwon nonsense |
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EZE
Joined: 05 May 2012
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| Posted: Wed Sep 26, 2012 6:12 am Post subject: |
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| Kepler wrote: |
| It can be significantly more difficult to get a new job in Korea if a former employer is badmouthing you. You might want to be cooperative for now so that you can get a good reference. |
I pulled a runner from Wonderland in April. I flew back to Korea months later with no job lined up so I could look at the apartments in person to make sure I wouldn't get another one with piles of miscellaneous trash, used condoms, insects colonies in the fridge, a urine-scented bed, etc like the one Wonderland had provided. I interviewed the next day, checked out the apartment, signed the dotted line and went to work immediately at a dream hagwon, if you can imagine one.
If your paperwork is ready and you're ready, you're already at the front of the line for the next hagwon job out there. You do not need a reference. |
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CPJ
Joined: 30 Dec 2008
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| Posted: Fri Sep 28, 2012 2:33 pm Post subject: |
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What's the big deal?
It's not like you're working the 6 days and not getting paid. You don't work 6 days and you don't get money for the days you didn't work.
So what's the big deal?
I've have my contract end date change. As long as you and the school agree to it, it is fine. I would just get the new end date and severance in writing. Why end things on a bad note over such a small and almost irrelevant thing?
As for a reference, this is probably the most valuable thing you can get if you are wanting another job in Korea. Yes, some schools do not care but most do. Just like you would like to know what a previous teacher went through at a school you are about to sign with, most schools will want to know what working with you will be like.
So even though the previous poster got a great job after pulling a runner, that is not the norm. Also, you can not get a new job anymore if you pull a runner before 11 months into your contract.
And this is Korea so there will continue to be schools that sign teachers without doing a reference check. On the flip side, I am sure there will continue to be teachers sign contract with schools even though they do not talk to the previous teachers at the school. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Sep 28, 2012 3:01 pm Post subject: |
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| It's not like you're working the 6 days and not getting paid. You don't work 6 days and you don't get money for the days you didn't work. |
Yes, but if you don't complete one year you don't get severance and airfare is likely to be withheld.
You are not just getting 6 days of no pay. I would rather go to work those 6 days, make sure I am paid in full and if they want to play these deduction games, take it out of my severance. But make sure you get it if you are going to stay a year with the school. |
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CPJ
Joined: 30 Dec 2008
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| Posted: Fri Sep 28, 2012 3:14 pm Post subject: |
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They are not saying that he is being fired 6 days before his contract and no severance and airfare will be paid.
The contract end date is 6 days earlier. Severance and airfare will be paid.
All that I recommend is to get it in writing. And it seems that the school is good enough and they will honor it. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Sep 28, 2012 8:07 pm Post subject: |
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| They are not saying that he is being fired 6 days before his contract and no severance and airfare will be paid. |
That isn't what I am claiming either. You need to read more carefully. It's not about being fired. It's about catching an employee on a technicality. Read the posts again .
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| The contract end date is 6 days earlier. |
No, it does not end until the 6 days have elapsed. Read the first sentence of the original post.
"My boss asked me to leave 6 working days before the expiration of my contract."
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| Severance and airfare will be paid. |
1. If the employee completes 12 months, they SHOULD be paid severance.
2. The employer might not pay severance because the employee left 6 days before 12 months were completed. This is not a contractual arrangement. You cannot write a contract to supercede labor law.
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| All that I recommend is to get it in writing. And it seems that the school is good enough and they will honor it. |
As stated, getting something in writing will not help the employee unless they want to take legal action. Wouldn't it be easier to just show up those 6 days and use the contract that was already signed as well as labor law to collect your severance?
If they are going to honor it, great, honor it. Go the 6 days and honor it. 1 week, simple. |
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