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baedaebok
Joined: 27 Feb 2007
Location: Seoul, South Korea
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 Posted: Tue Oct 18, 2016 9:39 pm Post subject: Non-renewing uni contract: excluded from/termination of hire |
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My university has decided not to renew my contract. I submitted a contract renewal form saying that I wanted to be renewed. They replied saying no and asking me to re-submit the same contract request form but circling "do not" wish to renew. They said the reason: "If you circle "do", that means your contract ends because you are excluded from rehiring. However, if you circle "do not", your contract ends because of the termination of hiring." What's the difference for future job seeking? Will the reference letter be different somehow?
What do you recommend I do?
BDB |
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mandoo
Joined: 25 Mar 2008
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| Posted: Tue Oct 18, 2016 9:55 pm Post subject: |
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| Is yr uni public or private? If it's private, you can ask for a hearing with the board of trustrees- it's in the private school act. You can present your case as to why they should give you another contract. If other ppl are being renewed and you aren't, I think it counts as an unfair dismissal- they need to have valid reasons not for re-hiring you in that case. Not stupid disciplinary shit like dress code violations, etc. It has to be major, like cancelling classes (as an example). |
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Fuzzy_Dunlop
Joined: 18 Jun 2014
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| Posted: Tue Oct 18, 2016 11:27 pm Post subject: |
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How many months notice did you get? I think they have to give you four months notice of non-renewal (though others might know for sure). If they didn't give you the proper notice, they are stuck with you (if you choose to stay).
My short term advice - do NOT say you don't want to stay or re-do the form until you get expert advice. |
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Coltronator
Joined: 04 Dec 2013
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| Posted: Wed Oct 19, 2016 1:35 am Post subject: |
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| Also how many years how have you been there? Does the post 4th year auto renew rule still exist? They are definitely trying to pull something on you, don't sign it that way. |
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baedaebok
Joined: 27 Feb 2007
Location: Seoul, South Korea
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| Posted: Wed Oct 19, 2016 2:03 am Post subject: Univ contract renewal fiasco |
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Where can I get expert advice as to how to proceed? They are really turning on the pressure for me to sign my life away.
What is the rule they are giving me for non-renewing my contract My student evaluations were below the mandatory level to be renewed. They stated that mandatory level in warning letters I had received in previous semesters.
Where can I read this private university act? Do I have any leg to stand on? Can they refuse to issue me a reference letter or employment certificate if I don't cooperate with them?
Thanks. BDB |
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Fuzzy_Dunlop
Joined: 18 Jun 2014
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| Posted: Wed Oct 19, 2016 8:15 am Post subject: Re: Univ contract renewal fiasco |
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| baedaebok wrote: |
Where can I get expert advice as to how to proceed? They are really turning on the pressure for me to sign my life away.
What is the rule they are giving me for non-renewing my contract My student evaluations were below the mandatory level to be renewed. They stated that mandatory level in warning letters I had received in previous semesters.
Where can I read this private university act? Do I have any leg to stand on? Can they refuse to issue me a reference letter or employment certificate if I don't cooperate with them?
Thanks. BDB |
Tompatz is the resident expert. He might chime in here or you could pm him.
They don't have to give you anything whether you cooperate or not. The high pressure sales tactic makes me suspicious, though.
Did you get the non-renewal notice more than four months from end of contract. I think they have to give that much notice (but could be wrong). The Private School Act had been posted here before. You might find it in a search of the site or Google it.
Here fs24CbZc7MLawNURUlrBw5EXFmYih02E3yq7N0u9BAGkWJ41gIkKmNedAunHZIXf.moleg_a2_servlet_engine2?pstSeq=52242&brdSeq=33&pageIndex=57
Page 53 covers your situation, I think. |
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pmwhittier
Joined: 03 Nov 2011
Location: Korea
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| Posted: Wed Oct 19, 2016 9:11 pm Post subject: |
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| I could be wrong about this, but it actually sounds like they are offering you the opportunity to resign from your position rather than being terminated. That would benefit you in future employment situations, as leaving a job at your discretion is almost always better than being fired. |
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anynag
Joined: 01 Jan 2009
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| Posted: Thu Oct 20, 2016 4:20 am Post subject: |
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| pmwhittier wrote: |
| I could be wrong about this, but it actually sounds like they are offering you the opportunity to resign from your position rather than being terminated. That would benefit you in future employment situations, as leaving a job at your discretion is almost always better than being fired. |
A non-renewal does not equate to a firing or termination with prejudice. Either the employer or the employee may initiate such an agreement. Who initiates the non-renewal really doesn't matter all that much unless the OP decides to divulge that information during future interviews. Due to the delicate nature of defamation laws in Korea, a prospective employer may only ask for a Certificate of Employment and referrals from the previous employer. Reference letters will not mention the reason(s) why the university refused to renew the OP. If the OP is fortunate, s/he will secure a new position before the current contract expires, rendering any prejudice inconsequential.
The OP does not need to change his/her intent to renew, as his/her position simply won't be there at the end of the contract period. The form is merely for the human resources department at the school to determine (usually via a performance review) the employee's eligibility to continue his/her employment into the new contract period. What difference does it make who stated first to renew or not? The result is the same. If an employer is adamant about changing the form, I would tend to think that that would benefit them and not the soon-to-be former employee. For example, a severance package could be denied based on an employee quitting or getting fired, but I doubt the OP is entitled to any severance pay. Another scenario is if the OP decides to fight the decision legally, s/he has forfeited any claim against the university to get re-instated since s/he already stated intent to leave. |
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drcrazy
Joined: 19 Feb 2003
Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan
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| Posted: Mon Oct 24, 2016 1:40 am Post subject: |
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| pmwhittier wrote: |
| I could be wrong about this, but it actually sounds like they are offering you the opportunity to resign from your position rather than being terminated. That would benefit you in future employment situations, as leaving a job at your discretion is almost always better than being fired. |
Of course you are right. This thread is really weird (especially if it is supposed to be serious). |
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Teacher333
Joined: 24 Nov 2016
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| Posted: Thu Dec 01, 2016 6:40 pm Post subject: |
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| The school is under no obligation to renew your contract, and is offering you a chance to 'resign' for the benefit of both parties. |
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