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Korea Newfie
Joined: 27 Mar 2003
Location: Newfoundland and Labrador
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 Posted: Tue Jun 24, 2003 9:05 am Post subject: In a pickle (and not the kind you eat with your pizza) |
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Okay, here's the story:
I've been at my school for just over a year, and I'll be leaving soon for a new school. Things are good with the director and everything, no hard feelings, I just need to go to a school which can accomodate myself and my girlfriend, who will be joining me later.
Anyway, I started working at the school in June, 2002, while I still had a visa from my previous school (which had gone bankrupt). I know now that this was dodgy, and most likely illegal, but my director, who's since proven himself to be naive in these matters, assured me that it was alright.
I ended up getting the visa for my current school in September, when the original one was to have run out. Therefore, while my contract's up now, the visa's still good until September.
I'm wondering, if the director decided he didn't want to pay my money (severance & airfare) can he get out of it by telling immigration that I only worked there since September, and haven't fulfilled the contract? I'm thinking it could get sticky for him, but it would basically be his word against mine, I guess. I'm also thinking that if he puts me in a position where I have to get the authorities involved, I might be in trouble too, for the work before my visa. Would I have any protection based on the fact that he told me it was okay?
I don't really expect this to be a problem, but the director's hinted that instead of my 2.85 million won which he owes me, maybe I'd be happy with 500000, since he's having a hard time.  I feel bad for the guy, but I've worked a year, and I think that if he wasn't sure he could pay me, he had no business hiring me. In short, I want my money.
Does anybody have any experience with this kind of situation? If so (or even if not!) do you have any advice? |
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The Cube
Joined: 01 Feb 2003
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| Posted: Wed Jun 25, 2003 4:58 am Post subject: |
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Last edited by The Cube on Sun Nov 30, 2008 12:31 am; edited 1 time in total |
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gang ah jee
Joined: 14 Jan 2003
Location: city of paper
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| Posted: Wed Jun 25, 2003 9:54 pm Post subject: |
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korea newfie, i'm in the exact same situation. i got my visa 6 weeks after i started work, and immigration has a different copy of the contract. I have a copy of the original contract though.
pretty much everyone i've talked to says that the original contract should be honoured, since evidence that the school had been employing teachers illegally would be more damaging to them that to me.
and my case is making progress.
if you don't have proof of when you began work though you could be in a tight spot. |
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Korea Newfie
Joined: 27 Mar 2003
Location: Newfoundland and Labrador
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| Posted: Sun Jun 29, 2003 6:41 pm Post subject: |
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| gang ah jee wrote: |
| pretty much everyone i've talked to says that the original contract should be honoured, since evidence that the school had been employing teachers illegally would be more damaging to them that to me. |
Yeah, that's the angle I'm hoping for too. I was just wondering if that's wishful thinking  .
I guess my main concern is if that angle doesn't pan out, and I have to go to the labour board to squeeze him, am I protected based on what he told me, or will they tell me I shouldn't have trusted him, and should know this stuff for myself? I mean, I'm basically at the mercy of what my employer tells me, because face it, if I need info, he's the one I'm going to ask, and he can filter/distort that info as he sees fit. |
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Tiger Beer
Joined: 07 Feb 2003
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| Posted: Tue Mar 08, 2005 7:38 am Post subject: Re: In a pickle (and not the kind you eat with your pizza) |
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| Korea Newfie wrote: |
In short, I want my money.
Does anybody have any experience with this kind of situation? If so (or even if not!) do you have any advice? |
How'd that work out? |
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peemil
Joined: 09 Feb 2003
Location: Koowoompa
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| Posted: Tue Mar 08, 2005 4:17 pm Post subject: |
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Tiger Beer...
Why are you going around resurrecting old threads? |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Wed Mar 09, 2005 5:13 am Post subject: Re: In a pickle (and not the kind you eat with your pizza) |
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| Tiger Beer wrote: |
| Korea Newfie wrote: |
In short, I want my money.
Does anybody have any experience with this kind of situation? If so (or even if not!) do you have any advice? |
How'd that work out? |
I don't think he ever got paid by that school, and the hogwon he went on to work for also shafted him at the end of the year (no severance or airfare).
He has since returned to Canada and has gone back to university. The last I heard from him is that he is loving being a student and that having taught has made him a much better student. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Wed Mar 09, 2005 6:35 am Post subject: Re: In a pickle (and not the kind you eat with your pizza) |
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| Korea Newfie wrote: |
Okay, here's the story:
I've been at my school for just over a year, and I'll be leaving soon for a new school. Things are good with the director and everything, no hard feelings, I just need to go to a school which can accomodate myself and my girlfriend, who will be joining me later.
Anyway, I started working at the school in June, 2002, while I still had a visa from my previous school (which had gone bankrupt). I know now that this was dodgy, and most likely illegal, but my director, who's since proven himself to be naive in these matters, assured me that it was alright. |
You say you've been at this school for just over a year but you "started working at the school in June, 2002." Hmmm, I'm confused. Don't worry about working illegally in the past if you were to meet or make a claim at the Labor Ministry. Civil or Criminal court could me a different matter. Don't mention it, if they ask don't deny it. The Labor Ministry probably won't make any decision based on that. But, I would be very concerned about the 2.850,000-500,000. He hinted, then I'm sorry to say that that is what he probabaly plans to pay you at best. You should have said something then and there. You got the guy thinking he can get away with it and/or even thought about this tactic long before hinting to you. I am surprised that you say "things are good with the Director and everything."
Tell him you want to sign another contract, think and pursue the following actions...You will only sign the new contract after you get ALL your money. Once he pays and the contract is signed give him your 30 day notice. E-mail him your notice and save the e-mail message sent to him. Show immigration the e-mail if neccessary or if problems getting the "Letter of Release." |
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