Korean Job Discussion Forums

eslwriter · Posted: Tue Jul 17, 2012 9:01 pm Post subject: US Prof Sues KAIST

The details in the Korea Herald story are sketchy, but the bottom line is simple and interesting.

Foreign prof taught at KAIST for 4 years and was fired. Prof sues for wrongful termination.

It's in the courts now. The results could be interesting.

Read more here:

http://view.koreaherald.com/kh/view.php?ud=20120717001045

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

They say that he was hired for 3 years and given a 4th which was for the sole purpose of finding new work. Looks like he found it Wink

liveinkorea316 · Joined: 20 Aug 2010 Location: South Korea

His case looks weak to me.

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

His case seems strong unless the school can prove he was supposed to be teaching during the time he was abroad. If you go home during your holiday and you do business in your home country, is that against Korean law? If not, then why would it be wrong to go to China or another country and work during the holiday? Obviously, he was only a visiting professor if he left after only a month or so to return to his main job.

I don't have much experience in the university world, but I am in China now at my first university and basically what they told me was that I could do whatever I wanted until September. Then, I was theirs and had to work full-time for them.

TheUrbanMyth · Joined: 28 Jan 2003 Location: Retired

Malislamusrex · Joined: 01 Feb 2010

If they liked the guy it wouldn't have been a problem.

They wanted to get rid of him.

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

iggyb · Joined: 29 Oct 2003

It reads confusing to me, but I'd put my tentitive money with the school.

The way I read it --- there was a provision in the contract that said if he was not going to be renewed/given a new contract - or perhaps if he was deciding not to renew - he would be held on the payroll for 1 year while looking for another job.

The part that was less clear was whether or not he'd still have teaching duties during that period.

It seemed to me the idea was that he'd be retained that year - including teaching duties (to earn the pay) - but he was free to take leaves in order to pursue other jobs that came up.

But, actually working another job was expressly prohibited.

And that was what he broke. That he got permission to go to China to interview for the job, but he wasn't allowed to work it and that is what he did.

I guess from the school's point of view, the contract was set up to prevent them having to pay a guy who was working at a different job and getting that salary too.

I think if the contract didn't say in plain language that working another job was prohibited, the newspaper would have noted it....

So I'm leaning toward the school on this one....

The prof is quoted as saying:

iggyb · Joined: 29 Oct 2003

I can understand the prof's position: If you are a teacher, there are limited peak hiring times during the year. I've been through that with Korea and the US.

The best time to apply for jobs in the US is late March to the middle of June. If your contract runs from August to August, you're in a bind.

Since he's a prof, it seems there were items built into the contract that allowed him more favorable conditions to find a new job --- being kept on the payroll a full extra year while he looked.

I stayed in Korea an extra 6 months this time so I could finish my contract at the end of Feb. - which would put me in a better position to find a teaching job in the US without being out of work too long, but being a lowly primary and secondary school ESL teacher, I still had to return to the US in March without a paycheck in order to be here to do in person interviews with the hope of landing a job that wouldn't begin until August...

....We had to plan ahead and save up.

PatrickGHBusan · Posted: Thu Jul 19, 2012 1:39 pm Post subject:

iggyb you make some good points regarding what happened.

I wonder how this case will end.

toby99 · Posted: Sat Jul 21, 2012 9:45 am Post subject:

luckylady · Joined: 30 Jan 2012 Location: u.s. of occupied territories

ha ha good for him!!! KAIST can put a sock in it.

the Herald is betting that readers don't even know what a visiting professor is - which is, as Jordan stated, someone who is actually interacting with the students, i.e., teaching. Peking wanted to try him out, take advantage of his visit in anticipation of offering him a position (or not). of course he was paid. he wasn't on a contract - the article states clearly he made arrangements for his KAIST teaching schedule to be worked around going to China first. which sort of blows the argument that he "didn't fill out the proper paperwork" out of the water.

KAIST is just peeved that rather than sitting in his apt cowering over their rejection of him, he's actually out doing something positive with his life. Surprised

glad he's suing. hope some KAIST profs/admin get taken to task for this debacle.

Konglishman · Joined: 14 Sep 2007 Location: Nanjing

Konglishman · Joined: 14 Sep 2007 Location: Nanjing

iggyb · Joined: 29 Oct 2003

He was on his way out 10 months before they stopped paying him.

It isn't clear if it was his decision or the school's not to give him another multi-year contract, but it is clear the decision had been made long before he went to China.

It is also clear his last year was designed to give him ample opportunities to leave to attempt to get a job at another school.