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sadmax
Joined: 08 Mar 2013
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 Posted: Wed Mar 13, 2013 8:10 am Post subject: Question about being fired |
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A close friend of mine was fired recently. This person was told they were terminated due to a disability, and the students' parents were not happy with the perception that the school would have a teacher with this disability. The disability did not prevent the person from doing the job.
The teacher was at the school for three months, and no written warning had been given. The school knew well in advance about the disability, and made the teacher do a demonstration teaching day to prove the teacher's ability.
One day after being fired the person was told that the school and the recruiter would look for a new job for this teacher, and the teacher could stay at the school until this new job is found. The school would continue to sponsor the teacher's VISA.
The question is: if the school does not find another job, is there anything this teacher can do?
Does anyone have any experience with this sort of thing? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 13, 2013 3:29 pm Post subject: Re: Question about being fired |
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| sadmax wrote: |
A close friend of mine was fired recently. This person was told they were terminated due to a disability, and the students' parents were not happy with the perception that the school would have a teacher with this disability. The disability did not prevent the person from doing the job.
The teacher was at the school for three months, and no written warning had been given. The school knew well in advance about the disability, and made the teacher do a demonstration teaching day to prove the teacher's ability.
One day after being fired the person was told that the school and the recruiter would look for a new job for this teacher, and the teacher could stay at the school until this new job is found. The school would continue to sponsor the teacher's VISA.
The question is: if the school does not find another job, is there anything this teacher can do?
Does anyone have any experience with this sort of thing? |
IF the school lets the teacher go before the 6 month mark there is nothing the teacher can do under labor law. Under labor law, up to the 6 month mark the employee is considered to be probationary and subject to release for "managerial" reasons without real cause or notice.
At least the school will allow an easy transfer of visa or change to a D10 (provide a LOR) so the teacher does not have to leave Korea for the next 9 months.
It is up to the teacher to find a new job and move on.
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Lucas
Joined: 11 Sep 2012
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| Posted: Wed Mar 13, 2013 3:46 pm Post subject: |
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| What's the disability? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Mar 13, 2013 7:14 pm Post subject: |
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| Quote: |
| It is up to the teacher to find a new job and move on. |
I second that. Don't rely on the school to find you a school. Just get them to help with an easy transfer. Send out resumes and talk to recruiters until you get a job you want. Split up the workload and have the new school go with you to get it all worked out. They could even call the old school to get whatever paperwork is necessary.
Get yourself out of the loop, make them do paperwork and get your belongings in order to move. Either have it shipped, transported by van, or carry them 2 suitcases at a time by subway/train/bus/friend's vehicle. |
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sadmax
Joined: 08 Mar 2013
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| Posted: Wed Mar 20, 2013 5:36 am Post subject: |
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| The school is now telling the teacher that they are going to collect the "recruiter fee" back. The school paid the recruiter, the school fires the teacher, now the teacher owes the school the money? Is this legal? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Mar 20, 2013 5:39 am Post subject: |
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| sadmax wrote: |
| The school is now telling the teacher that they are going to collect the "recruiter fee" back. The school paid the recruiter, the school fires the teacher, now the teacher owes the school the money? Is this legal? |
No.
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sadmax
Joined: 08 Mar 2013
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| Posted: Wed Mar 20, 2013 5:44 am Post subject: |
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| Thank you for your prompt response. Should they press this issue, I assume this is an issue to take to the labor board? |
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Dodge7
Joined: 21 Oct 2011
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| Posted: Wed Mar 20, 2013 5:58 am Post subject: |
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| Lol we know it's you with the disability OP. What is it? |
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sadmax
Joined: 08 Mar 2013
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| Posted: Wed Mar 20, 2013 6:01 am Post subject: |
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| Thanks for your interest, but it's not. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Mar 21, 2013 12:21 am Post subject: |
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| sadmax wrote: |
| Thank you for your prompt response. Should they press this issue, I assume this is an issue to take to the labor board? |
Yes, UNLESS there is a clause in your contract whereby you agree to repay the recruiter should you leave early (foolish you if you signed a contract with that clause in it).
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