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merrilee

Joined: 13 May 2003 Location: South Korea
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Posted: Tue Feb 15, 2005 10:29 pm Post subject: Please help! Quitting a 2 year contract and getting new visa |
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This is a very uncommon situation, as most people do not sign 2 year contracts. My uni contract, however, is for 2 years. I completed one year and did not extend my visa (intentionally) and gave a month's notice. My contract states I should give 4 months notice, so the school says if I quit, they will "perform the legal actions and notify immigration" that I broke my contract.
As stated, I already had my visa cancelled, and I have another job lined up. Can the uni notify immigration, thus making it impossible for me to start another job?
Visa's cancelled, but the contract is not finished. Am I screwed? |
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Grotto

Joined: 21 Mar 2004
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Posted: Wed Feb 16, 2005 1:40 am Post subject: |
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?
you signed a 2 year contract....is your visa an E2?
Am I wrong but arent E2 visas only for one year?
I am also pretty sure that you can only sign a contract for a year at a time with an E2 visa. You can renew the contract but I thinkt he contract is only good for one year as is the visa
Am I wrong? |
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merrilee

Joined: 13 May 2003 Location: South Korea
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Posted: Wed Feb 16, 2005 2:12 am Post subject: |
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I have an E-1, or rather I had one. The visa was for a year, but the contract was for 2 years. I'm now on a tourist visa and am wondering what happens if my boss calls immigration. |
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Derrek
Joined: 15 Jan 2003
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Posted: Wed Feb 16, 2005 2:18 am Post subject: |
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merrilee wrote: |
I have an E-1, or rather I had one. The visa was for a year, but the contract was for 2 years. I'm now on a tourist visa and am wondering what happens if my boss calls immigration. |
You'd get fined and given an exit order if they find our you're teaching.
Go talk to immigration and tell them the problem. Don't rely on the yayhoos on here. Your situation is really different. |
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chronicpride

Joined: 16 Jan 2003
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Posted: Wed Feb 16, 2005 2:25 am Post subject: |
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Very interesting pickle. Both sides could have some case in the resolution of this. The big question is if he is tightassed enough to notify immigration. And given that he wants a 2 yr commitment with 4 month notice of termination, it sounds like he is. Worst case scenario, is that you discuss the matter with your future employer and get him on the phone with the old one to discuss an 'arrangement'.
Don't mean to bust your chops after the fact, but what was so sexy about the first gig, that made you want to sign a 2 year contract w/4 months of notice, to begin with?
Last edited by chronicpride on Wed Feb 16, 2005 2:28 am; edited 1 time in total |
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Pyongshin Sangja

Joined: 20 Apr 2003 Location: I love baby!
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Posted: Wed Feb 16, 2005 2:28 am Post subject: |
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So, you are quitting now after getting your salary paid for January and half of December when you weren't working? I've seen it done before, but it's pretty low if this is indeed the situation.How is your uni supposed to find a replacement now? The administration is on vacation, they can't start a hiring process now. |
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merrilee

Joined: 13 May 2003 Location: South Korea
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Posted: Wed Feb 16, 2005 2:46 am Post subject: Dear apologist... |
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P.S.- I taught the entire month of December. I also worked during January. And for what it's worth, when I gave my notice at the end of January, I was informed the uni would simply not pay me for January or February. When I noted that I had indeed been working, I was told, "Yes, but we are a university, and you are just a person, so legally you have no rights."
As far as finding a replacement, I volunteered to do so myself. Instead, my resignation was "declined." As for the administration being on vacation, that's a laugh. I'm pretty sure none of the Korean profs ever get vacation at my uni. |
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Pyongshin Sangja

Joined: 20 Apr 2003 Location: I love baby!
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Posted: Wed Feb 16, 2005 2:51 am Post subject: |
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Hmm, sounds like you need more vacation time. Get Labor on this, you do have rights as far as I know. Then again, this ain't Kansas. If they dislike you so much why do they want you to stay? By the way, is this really a job you want to give to a friend? |
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merrilee

Joined: 13 May 2003 Location: South Korea
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Posted: Wed Feb 16, 2005 3:54 am Post subject: |
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Actually, that's precisely the problem. If anyone else were to quit, I'm sure they'd happily let them leave. They didn't dislike me at all, as I never gave them reason to, prior to this. That's why they're so upset. |
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Sage Monkey

Joined: 01 Nov 2004
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Posted: Wed Feb 16, 2005 5:25 am Post subject: |
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If the were to fire you, the situation would become a lot better for you, especially in filing a suit with the labour board after you have left that university.
Note: This can be seen as a hindsight statement or a foresight suggestion.
Either way, they cannot legally withold payment of your salary so they are just playing you and hoping that you are the hopeless foreigner that they made you out to be and not file a claim with the LB or sue them for your wages. |
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Pyongshin Sangja

Joined: 20 Apr 2003 Location: I love baby!
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Posted: Wed Feb 16, 2005 5:32 am Post subject: |
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Ummm, stop going to work? |
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Derrek
Joined: 15 Jan 2003
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Posted: Wed Feb 16, 2005 6:59 am Post subject: |
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This is all about getting the Labor Board involved.
Post haste. |
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Sage Monkey

Joined: 01 Nov 2004
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Posted: Wed Feb 16, 2005 7:08 am Post subject: |
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Derrek wrote: |
This is all about getting the Labor Board involved.
Post haste. |
This is true but they actually have to have broken a rule already in order to be called upon.
The OP mentionned that the university threatened to withold payment of the salary for January and February. Did they follow up on this threat? You are already within your rights to leave a contract legally if they haven't paid you as they are in breach of contract and of Korean law. If this is the case, stop going into work and make a call on your nearest labour board office, preferably with a Korean friend if you have one.
As per your visa and getting a new job, if they are indeed in breach due to not paying you, you can inform the immigration of this situation and they will cancel any paperwork they have on you with that employer for you and waive the necessity of a release letter. |
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