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Employer breaking my contract. Anything I can do?

 
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Bloopity Bloop



Joined: 26 Apr 2009
Location: Seoul yo

PostPosted: Sun Apr 06, 2014 6:33 pm    Post subject: Employer breaking my contract. Anything I can do? Reply with quote

I'm on my last contract in Korea before heading home and my employer is ending it 2 months early. I work for a company that runs after school programs in public schools and the new principal at the school where I'm stationed had so many "ridiculous demands" that my employer decided we couldn't continue the program there.

Jume 5th is my last day at the school and apparently my last day with the company as well despite signing a contract that ends in August. I asked if I could be placed at a new school and if they could simply replace me when I leave and they said switching teachers mid session is a source of parent complaints and that I'm sh** outta luck.

The worst part is I had wanted to transfer schools earlier in my contract because my commute is forever but they asked me to help them out and stay because the kids like me there. So I agreed and then they turn around and do this. Also, if I'd just lied to them and told them I'd stay for another 6 months, I could have just kept working and pulled a midnight runner part way through. But I guess this is what honesty gets you here, huh?

Anything I can do about this? For my first 4 years in Korea I've worked in public schools cause I'd heard so many negative stories about private companies. Ugh...
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modernseoul



Joined: 11 Sep 2011
Location: Seoul

PostPosted: Sun Apr 06, 2014 7:36 pm    Post subject: Reply with quote

I seems like an unfortunate situation, however they've not done anything wrong. They've given you 2 months notice which is more than required by law.
What does your contract state?
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sweetrevenge



Joined: 24 Dec 2013

PostPosted: Sun Apr 06, 2014 10:09 pm    Post subject: Reply with quote

THis is exactly what I'm afraid of. Employers terminating early in order to avoid paying for airfare and severance month. The worst part is if a bunch of parents are complaining about your performance, they probably won't tell so you won't even know if you're doing something wrong.
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Sector7G



Joined: 24 May 2008

PostPosted: Mon Apr 07, 2014 5:31 am    Post subject: Re: Employer breaking my contract. Anything I can do? Reply with quote

Bloopity Bloop wrote:

The worst part is I had wanted to transfer schools earlier in my contract because my commute is forever but they asked me to help them out and stay because the kids like me there. So I agreed and then they turn around and do this. Also, if I'd just lied to them and told them I'd stay for another 6 months, I could have just kept working and pulled a midnight runner part way through. But I guess this is what honesty gets you here, huh?

Yeah, that sucks, and I am on your side, but not sure if you have any recourse. They are screwing you out of your bonus and airfare, but apparently doing it within the terms of the contract. Bastards!

But I don't really understand the part above in bold. How would it have been beneficial to you to stay a few months and then pull a runner? Wouldn't you still be out the bonus and airfare?
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Sector7G



Joined: 24 May 2008

PostPosted: Mon Apr 07, 2014 5:35 am    Post subject: Reply with quote

sweetrevenge wrote:
The worst part is if a bunch of parents are complaining about your performance, they probably won't tell so you won't even know if you're doing something wrong.
?? Shocked ??
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Hokie21



Joined: 01 Mar 2011

PostPosted: Mon Apr 07, 2014 8:00 am    Post subject: Reply with quote

sweetrevenge wrote:
THis is exactly what I'm afraid of. Employers terminating early in order to avoid paying for airfare and severance month. The worst part is if a bunch of parents are complaining about your performance, they probably won't tell so you won't even know if you're doing something wrong.


This makes absolutely no sense.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Apr 07, 2014 5:46 pm    Post subject: Reply with quote

Go to the labor board. That's pretty close to the end of the contract and the LB might side with you. This would give you some options.

If the school fired you for financial or business reasons, that's legit.... IF they registered that and got approval first from the Ministry of Employment and Labor. If not, it's not justified.

Did you get it in writing (paper, email, text message) that you were fired? If so, what date did you get the official notice? (Verbal notice isn't official.) If it was during the 11th month, then the LB will almost certainly side with you and tell the employer to pay you for the rest of the contract, plus severance and any other benefits in the contract. They don't take kindly to 11th month firings. At the very least, even if you have to fight for your money, the LB can still get you permission with immigration to transfer your visa. That means that you can probably get a 2 month job (or longer if you want) before heading out.
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