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Contract Not Renewed After 6 Years
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yakey



Joined: 21 Apr 2003
Location: Korea

PostPosted: Tue Jan 08, 2013 1:19 pm    Post subject: Contract Not Renewed After 6 Years Reply with quote

I have been working in the English Department of a Korean University for the past six years. I had a contract like a Korean on the "hobong" system, so it was a job with a very good salary.

Now suddenly after 6 years I am notified that my contract is not being renewed and I'm finished at the end of February. No reason was given to me.

One thing that happened to me in the job was that one of the Korean English Professors - who will be the department chair in 2013 - told me to write some scholarly papers for him so that he could get published. Basically he gave me a paper that he bought and had me re-write it. He took full credit for it and it was published under his name alone. Then he asked me to do it again. Now suddenly I think he may have been worried that I know about this situation and worked behind the scenes with another professor who didn't like me to get rid of me.

Obviously he misued his position of authority over me.

He told me that my job was always safe because I had helped him.

The other day he changed his tune. He said, "You need to find a job at another university. I tried to help you keep your job but there was nothing I could do."

I don't believe him.

I spoke to another professor in our department, and that professor said there was a job teaching freshman English and that I should apply and stay at the university. But the pay is much lower, so I'm not really interested. But he wasn't like the other professor, who seemed in a rush to get me out of the university to save his ass.

I'm thinking about fighting this, but I'm also thinking about just going back to the U.S. to find work.

What do you think?
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tremault



Joined: 25 Sep 2012

PostPosted: Tue Jan 08, 2013 1:34 pm    Post subject: Reply with quote

You helped him to do something dishonest.
I think you would be better off getting as far away from him as you can and keeping out of bother in the future.

When I worked in a video game store, I saw one of my colleagues taking a game and hiding it under his shirt.
My first reaction was to tell my line manager. A couple of days later that guy had left the company and I went on to work for another 5 years happily until I decided to leave.
Long story short, do the right thing.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Tue Jan 08, 2013 3:23 pm    Post subject: Reply with quote

How close is the paper that he published to the original paper that he gave you?

I'm thinking that maybe after you leave these two papers might just happen to appear on the desk of his rival with the similarities highlighted.
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rollo



Joined: 10 May 2006
Location: China

PostPosted: Tue Jan 08, 2013 3:24 pm    Post subject: Reply with quote

he is through with you!! You are a liability to him as you can expose him. he will do his best to discredit you . leave! there are good jobs elsewhere. This is what hapens when you do favors for crooks.
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Who's Your Daddy?



Joined: 30 May 2010
Location: Victoria, Canada.

PostPosted: Tue Jan 08, 2013 5:49 pm    Post subject: Reply with quote

Sorry OP.

Really I don't think this country is good as a long-term career because you really have no security. And if you ever get sick on their annual health check, I think your renewals would cease too.
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Swampfox10mm



Joined: 24 Mar 2011

PostPosted: Tue Jan 08, 2013 6:44 pm    Post subject: Reply with quote

OP, exactly how much notice was given? What were the reasons?

There is a protocol that must be followed when letting go of a teacher who has worked more than 3 years. I believe you are considered a full-time employee even if under contract... anyway, it's different now in that they can't just not renew a long-term employee willy-nilly.

I know a lawyer named Reyes Galvin is with a firm that has helped a few teachers in such a situation. One I know of specifically was let go without reason after longer service than yours. If I heard correctly, he sued, with the help of his lawyer, and won a judgement which included 6 months back pay and reinstatement.

I believe a similar situation happened to the other teacher. I can give you numbers if you need to follow-up.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jan 08, 2013 6:46 pm    Post subject: Reply with quote

Aside from the platitudes previously posted in this thread there are legal options:

[Labor Standards] Act on the Protection, etc. of Fixed-term and Part-time Employees
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=262&tab=Standards
text:
www.moel.go.kr/english/download_eng.jsp?type=&file=(37)ACTONTHEPROTECTIONETC.OFFIXED-TERMANDPART-TIMEEMPLOYEES_2012.pdf

Pay attention to articles 2 sub 1, 3, and 4 sub 2.

There are remedies and protections from discriminatory practices afterward provided your continued residence in Korea is not dependent on the employer's visa sponsorship.

IF you are on an E1 or E2 visa then labor can force your continued employment but cannot force your sponsorship with immigration and no visa = no job.

.
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Swampfox10mm



Joined: 24 Mar 2011

PostPosted: Tue Jan 08, 2013 7:29 pm    Post subject: Reply with quote

FYI, the teacher I was speaking of was single (no F-2 or F-6) and just won his final judgement. It took 3 positive judgements, actually, before he got anything. I think he was out of work for a year or so, and was given a kind of temp visa while the problem was ongoing.

He was unable to work (legally) while on this visa, and followed the rules. So he had no income, I will assume.

Outcome was that he won a tidy judgement against the school and had to pay legal fees, but it wasn't as high as you might expect. The school does not have to hire him back, because they pleaded it would cause them to lose face or something.

I heard that, in the end, the school's lawyers were unable to answer direct questions from the judge without blowing off-topic and yelling about unrelated things, so the judge basically told them to sit down and shut up. I guess the whole situation was sweet justice.


Last edited by Swampfox10mm on Wed Jan 09, 2013 12:20 am; edited 1 time in total
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Swampfox10mm



Joined: 24 Mar 2011

PostPosted: Tue Jan 08, 2013 7:33 pm    Post subject: Reply with quote

ttompatz wrote:

IF you are on an E1 or E2 visa then labor can force your continued employment but cannot force your sponsorship with immigration and no visa = no job.

.


See my above post.

Unless I'm misunderstanding your statement, there is a visa exception granted for an ongoing court case. You can't work, though, apparently.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jan 08, 2013 7:47 pm    Post subject: Reply with quote

Swampfox10mm wrote:
ttompatz wrote:

IF you are on an E1 or E2 visa then labor can force your continued employment but cannot force your sponsorship with immigration and no visa = no job.

.


See my above post.

Unless I'm misunderstanding your statement, there is a visa exception granted for an ongoing court case. You can't work, though, apparently.


They can sit on a "G" visa while they await the outcome of the case. (work is not allowed on the "G" visa.)

The problem is that when they win they still don't get their job back.

Labor and the courts CAN force an employer to reinstate an employee
BUT
they cannot "force" an employer to accept responsibility for the employee at immigration (sponsorship) ...

and without the sponsorship they cannot get a new E-visa to continue work.

He may win a cash award but the job will still be gone.

It is DIFFERENT if they are on an F-visa (where sponsorship is not an issue) and reinstatement can be forced as can a cash award or some combination of the 2.

.
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yakey



Joined: 21 Apr 2003
Location: Korea

PostPosted: Tue Jan 08, 2013 9:11 pm    Post subject: F-5 Visa Reply with quote

I'm on an F-5 Visa so I have no problems staying in Korea.
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yakey



Joined: 21 Apr 2003
Location: Korea

PostPosted: Tue Jan 08, 2013 9:22 pm    Post subject: Notice Reply with quote

I was given notice Dec. 26. I was shown a list by the department chairman. One page had people who were being retained. He didn't tell me why I wasn't retained. He was very coy and played guessing games with me. "Who do you think wanted you out?" he asked me. There was a shorter list that had people not being renewed and I was on that list. I'd say about 20 people were retained and about 4 were not. There was another foreign teacher who was not retained who had been there since 1998. So I thought maybe they also had a mind to dump the highest foreign teacher salaries. A new President was brought in about a year ago and he has been cutting out entire departments and faculty and staff. All last semester was a series of student protests from students who had their departments suddenly cease to exist. And all the while a massive construction project of new buildings
has been going on.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jan 08, 2013 9:48 pm    Post subject: Reply with quote

If you were released for "managerial reasons" and you are given proper notice as per the labor standards act then the job is gone. Start looking for a new one.

.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Tue Jan 08, 2013 10:40 pm    Post subject: Reply with quote

Sorry to be trite, but nothing is certain in life but death and taxes. I think most people should be a touch paranoid when it comes to long term jobs. Never ever thing NOT you. Try to have a back plan in the future.

As to the scummy coworker who plagiarized (with your help). I am of the opposite view, bring that b*stard down. Blackmail, spread gossip, twist his arms. Also consider the bigger picture. How would the University like it if ONE of their professor is caught cheating. The schools name gets mud on them too. Try to get something out of it. A key point to remember in the future it does not matter what you did for somebody in the past, it more matters of what you can do for them or to them now or in the future. Sorry goodwill depreciates. Hope you kept some proof of your help.


Please do consider the court case, but as people say it will take time and might not get you much in the end. Please do keep us apprised.
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Unposter



Joined: 04 Jun 2006

PostPosted: Wed Jan 09, 2013 1:20 am    Post subject: Reply with quote

They did not give you four months notice and they are not getting rid of your department.

So, go talk to the Labor Board and see what they say. That is generally the best place to start.

Good luck!
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