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kingssurfer
Joined: 14 Dec 2009
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 Posted: Mon Dec 14, 2015 11:18 pm Post subject: Quitting(early) on an F visa |
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I would like to quit my current job early because I have found a much better job. I am on an F2 visa.
My contract says I have to give 60 days notice. In this situation it would only be a month. I started this job on an E2 and recently switched over to an F2. I am worried about being sued for breach of contract. etc... Does anyone have experience quitting early or without notice on an F series visa? Any advice? |
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Coltronator
Joined: 04 Dec 2013
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| Posted: Tue Dec 15, 2015 12:01 am Post subject: |
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The 60 day clause is unenforceable because of a non negotiable right to terminate ones own employment at any time.
So the question is how well did your previous place treat you? If they are screwing you, do you want to screw them or not? If they have treated you well but this new job is just better, how many days do you want to give them? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Dec 15, 2015 3:17 am Post subject: Re: Quitting(early) on an F visa |
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| kingssurfer wrote: |
I would like to quit my current job early because I have found a much better job. I am on an F2 visa.
My contract says I have to give 60 days notice. In this situation it would only be a month. I started this job on an E2 and recently switched over to an F2. I am worried about being sued for breach of contract. etc... Does anyone have experience quitting early or without notice on an F series visa? Any advice? |
Just quit on payday and walk across the street to the new job.
The notice clause is (as mentioned earlier) unenforceable under labor law.
Labor (employment) contracts are NOT like a general contract (they are clearly defined separately in law) and the right to quit without notice or penalty is protected.
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Porksta
Joined: 05 May 2011
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| Posted: Tue Dec 15, 2015 5:15 am Post subject: Re: Quitting(early) on an F visa |
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| ttompatz wrote: |
| kingssurfer wrote: |
I would like to quit my current job early because I have found a much better job. I am on an F2 visa.
My contract says I have to give 60 days notice. In this situation it would only be a month. I started this job on an E2 and recently switched over to an F2. I am worried about being sued for breach of contract. etc... Does anyone have experience quitting early or without notice on an F series visa? Any advice? |
Just quit on payday and walk across the street to the new job.
The notice clause is (as mentioned earlier) unenforceable under labor law.
Labor (employment) contracts are NOT like a general contract (they are clearly defined separately in law) and the right to quit without notice or penalty is protected.
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I was under the impression that a school could sue for damages if you just up and quit? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Dec 16, 2015 5:47 pm Post subject: Re: Quitting(early) on an F visa |
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| Porksta wrote: |
| ttompatz wrote: |
| kingssurfer wrote: |
I would like to quit my current job early because I have found a much better job. I am on an F2 visa.
My contract says I have to give 60 days notice. In this situation it would only be a month. I started this job on an E2 and recently switched over to an F2. I am worried about being sued for breach of contract. etc... Does anyone have experience quitting early or without notice on an F series visa? Any advice? |
Just quit on payday and walk across the street to the new job.
The notice clause is (as mentioned earlier) unenforceable under labor law.
Labor (employment) contracts are NOT like a general contract (they are clearly defined separately in law) and the right to quit without notice or penalty is protected.
. |
I was under the impression that a school could sue for damages if you just up and quit? |
They cannot successfully sue an employee for quitting. Full stop.
The threat of suit to force continued employment is coercive and prohibited in law.
Article 7 (Prohibition of Forced Labor)
No employer shall force a worker to work against his own
free will through the use of violence, intimidation, confinement
or any other means which unlawfully restrict mental or physical
freedom.
A labor contract is NOT the same as a general contract (it is defined in the labor standards act - CHAPTER Ⅱ Labor Contract)
and an employee cannot be held liable for non performance of a labor contract other than termination of employment and withholding of wages for days not worked.
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