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Non-renewing w/o my consent - tightening the screws

 
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baedaebok



Joined: 27 Feb 2007
Location: Seoul, South Korea

PostPosted: Sat Oct 22, 2016 2:16 pm    Post subject: Non-renewing w/o my consent - tightening the screws Reply with quote

My univ is tightening the screws. They have been really pushing & threatening me (with a note on my work history that I was fired) to resubmit the renewal form (with DO NOT circled ("I DO NOT wish to be renewed) with a deadline of Monday 9am. I think I am the first teacher they have had to non-renew because of low student evaluation scores. Here are my questions.....

1) Can a univ not renew my contract without my written consent (ie. with me saying in writing I want to renew)?

2) Can the univ put on my work record that I was fired (instead of quitting)?
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thrylos



Joined: 10 Jun 2008

PostPosted: Sat Oct 22, 2016 10:34 pm    Post subject: Reply with quote

The point-based evaluation system is pretty standard throughout most unis now.

We've had 4-5 teachers not renewed and from my understanding, it is within the uni's right to terminate based on this system at least at my place. This is not only for foreign staff, but Koreans teaching English, as well.

I'm assuming you were aware of the point system when you signed your previous/current contract. Again, at my place, teachers (Foreign and K) were warned that they might not meet the points one semester before they were told they weren't being renewed, kind of academic probation. A couple raised their points in their final semester and were renewed, others did not and were let go. Don't know if that's the case with your place.

The longer you're there, the harder it is to meet the points (they go up every year). We started at 1300(?) when this was implemented a couple of years ago, now it's up to 1600. It's getting harder and harder to meet the points.

Yes, they can withhold renewal. I'm guessing that, in the end, they can say you were fired, since you are/were. It sucks, but that's the way most places seem to be headed now. Obviously part is due to keeping salaries down (it's cheaper to hire new teachers than keep increasing current teachers' salaries for the same amount of contact hours), and part is due to supervisors wanting a 'legitimate' reason for letting people they have a beef with to get rid of them.

Make life simpler for yourself and accept you're not wanted. Try to get recommendation letters from supervisors and the dean. Look for another gig.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Oct 23, 2016 1:22 am    Post subject: Re: Non-renewing w/o my consent - tightening the screws Reply with quote

baedaebok wrote:
My univ is tightening the screws. They have been really pushing & threatening me (with a note on my work history that I was fired) to resubmit the renewal form (with DO NOT circled ("I DO NOT wish to be renewed) with a deadline of Monday 9am. I think I am the first teacher they have had to non-renew because of low student evaluation scores. Here are my questions.....

1) Can a univ not renew my contract without my written consent (ie. with me saying in writing I want to renew)?

2) Can the univ put on my work record that I was fired (instead of quitting)?


1) If you have failed your evaluations for 2 or more consecutive academic years they can refuse to renew your contract.

2) If you have failed your evaluations they have grounds for termination with cause (fire you) and can note that on your work record should a future employer call for a reference.

They cannot put on your certificate of employment that you were terminated rather than just ended your contract naturally. This would be contrary to the Labor Standards Act (articles 39 and 40)

If would appear that you are fighting a losing battle if you have had substandard evaluations for more than 2 years. Give it up and move on.

China beckons.

.
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anynag



Joined: 01 Jan 2009

PostPosted: Sun Oct 23, 2016 1:37 am    Post subject: Reply with quote

OP, if you have been at your uni for two years or less, you have no basis to fight the decision anyway.

What ttompatz has posted is spot on.

If changing the intent to renew form is going to result in a non-renewal vs. termination, choose the non-renewal option to avoid possible bias in seeking new employment options. Still, there's no guarantee the truth won't get out if a potential employer inquires about the circumstances in which you left. Perhaps you could request something in writing (e.g., a mutual parting of ways) to avoid the possibility of termination with cause.
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mandoo



Joined: 25 Mar 2008

PostPosted: Sun Oct 23, 2016 11:12 pm    Post subject: Reply with quote

Does it say anything in your contract about low student evals? Have you worked there a long time? It's my understanding that if you have signed 4 contracts at a private uni, you are basically a full-time employee, and it becomes difficult to fire someone without serious grounds for dismissal.

If you are at a public uni, it seems they can do whatever they want, but I have no idea, TBH. With private, as I said before, you can request to plead your case before the board of trustees. In the meantime DO NOT sign anything. I fought for my job, and I won. I also sent a letter to human resources asking to be renewed and stated many reasons why they should renew. I had to wait until the end of Dec., but my contract was renewed. Best of luck- if you really want to fight for your job, you have resources at your disposal.
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Adam Carolla



Joined: 26 Feb 2010

PostPosted: Tue Oct 25, 2016 2:39 am    Post subject: Re: Non-renewing w/o my consent - tightening the screws Reply with quote

baedaebok wrote:
My univ is tightening the screws. They have been really pushing & threatening me (with a note on my work history that I was fired) to resubmit the renewal form (with DO NOT circled ("I DO NOT wish to be renewed) with a deadline of Monday 9am. I think I am the first teacher they have had to non-renew because of low student evaluation scores. Here are my questions.....

1) Can a univ not renew my contract without my written consent (ie. with me saying in writing I want to renew)?

2) Can the univ put on my work record that I was fired (instead of quitting)?


Honestly? Time for some self evaluation. Was this unjust? Or was it warranted? It's a question you need to answer for yourself going forward.
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