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***MY LAST DAY - BOSS WON'T PAY ME - WHAT TO DO??***
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plattwaz



Joined: 08 Apr 2005
Location: <Write something dumb here>

PostPosted: Mon Dec 12, 2005 7:11 pm    Post subject: ***MY LAST DAY - BOSS WON'T PAY ME - WHAT TO DO??*** Reply with quote

My boss just told me now, at lunch time, that she woudn't be paying me my final paycheck.

We made an agreement in mid-October that I would leave Dec 13th and return March 1st. I would essentially get 2.5 months off, and return for her next school year. This was not written, just verbal.

She has always been kind, generous, she has paid me VERY, VERY well and on time each month. In return I have RUN that hagwan pretty much by myself (only 2 foreign teachers) because she has no idea how to do it -- ie/ today she asked me if befoer I left she could see a copy of the schedule and a list of what textbooks the students used.....

My regular pay is on the 28th of each month. I was last paid Nov 28th for the month of November. Today I shoud be paid 55% of a paycheck, for the days from Nov 28th up to and including today.

I NEVER in a million years thought she would do this to me, but at lunch when I said to her "what time will my pay be ready?" she told me that she would pay me the half-month salary WHEN I RETURN IN MARCH. We argued a bit and I left for lunch.

Her reasoning is that SHE didn't break the contract, I did. I checked it and it says 60 days written notice to break the contract (I gave her 60 days verbal notice, writing it down was never an issue, but I have no proof other than a co-worker's word). Airfare was paid to me as 400,000 won upon starting, and 400,000 won upon finishing. I am not asking for any airfare, but I also think I shouldn't have to pay any back to her -- I have worked 8.5 months for her.

WHAT CAN I DO???????
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Mon Dec 12, 2005 7:23 pm    Post subject: Reply with quote

So you have a verbal agreement to leave before the end of your contract and sign again in March? Sounds weird but plausible. I don't really blame her if she wants you back. Why not see about getting her to agree to deposit it in your account on the 28th, and you have the threat of not coming back if she doesn't. You're dealing with a sizeable but not life-changing amount of money, so I wouldn't go apesh*t.
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Mon Dec 12, 2005 7:58 pm    Post subject: Reply with quote

How much do you want to bet she will find another teacher before March and then not have to pay him because he didn't finish the contract?
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plattwaz



Joined: 08 Apr 2005
Location: <Write something dumb here>

PostPosted: Mon Dec 12, 2005 8:25 pm    Post subject: Reply with quote

Well, to some people it's not a sizeable amount of money, sure, but that depends on each individual person's situation - and in my case, especially considering the reason I am going home, 1.5 million won IS a lot of money.

The other thing is -- I WORKED these days! I'm not asking for pay for days I haven't worked....

Essentially we agreed to teminate the contract. Yes, we have an agreement I will return in March, which will be a seperate contract. THIS contract ends today, and shouldn't I be paid for the end of this contract?

My thought is - I worked these days, I should be paid for them. What if something happens and I CAN'T return to Korea? Yes, we have agreed I will be rehired in March, but at the same time, things happen. Why should she get to keep my paycheck - and not to mention the fact that should she NOT pay me now, there is NO WAY I will return to her in March!

Am I really over reacting?
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marcus



Joined: 12 Sep 2005

PostPosted: Mon Dec 12, 2005 8:29 pm    Post subject: Reply with quote

At the very least get something in writing. It doesn't sound like you have any proof to back up any of this.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Mon Dec 12, 2005 8:41 pm    Post subject: Reply with quote

Quote:
Am I really over reacting?


In my opinion, you are over-reacting a little bit. Since you have promised to come back, are you leaving stuff here in the apartment or are you emptying it out?

Obviously she is holding the money hostage. I can't think of a thing you can do about it on the last day. It sounds to me like you feel she doesn't trust you. Your feelings are hurt. I'd say swallow your pride and smile. Don't do anything to poison what has been a good relationship up till now.

It's hard to tell from what you have written if you really plan to come back. If you have said something like, "Yes, I promise to come back unless something happens. You know how life is..." then you torpedoed your own boat by creating doubt about your return.
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Mon Dec 12, 2005 9:05 pm    Post subject: Reply with quote

If you weren't planning on coming back, I'd say take it out on the apartment. Human feces on the walls is not fun to clean...
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thewhat



Joined: 03 Jun 2005
Location: Seoul suburbs

PostPosted: Mon Dec 12, 2005 9:17 pm    Post subject: Reply with quote

I have a different situation but fear the same result.

The last day of my contract is in a couple of days. I fear they will not pay me or not pay my severance because its only been 364 days or some BS like we have no money. I asked to be payed one day early and they insist on paying me at the airport before I go.

The last guy who worked here left eary and got the same "at the airport" story. They did not pay him , said he owed for airfare etc., and he chose to leave.

Who can I call about the severance in Pyeongtaek city outside of suwon if this happens?

Im dealing with an ewha franchise. AVOID IT
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joe_doufu



Joined: 09 May 2005
Location: Elsewhere

PostPosted: Tue Dec 13, 2005 2:14 am    Post subject: Reply with quote

thewhat wrote:
they insist on paying me at the airport before I go.


You must be joking. You didn't agree to that. That's absurd. Who bought the airplane ticket? Change the date of it and don't invite them to go to the airport with you. Get paid here.

To the OP: Make an agreement with your boss including the dates she will pay, and how much on each date. Get her signature. If you're not coming back, make a threat or two... promise to break a window in the apt or something.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Dec 13, 2005 4:14 am    Post subject: Reply with quote

joe_doufu wrote:
thewhat wrote:
they insist on paying me at the airport before I go.


... If you're not coming back, make a threat or two... promise to break a window in the apt or something.



And have the manger show up at your apt. with the cops in tow. Rolling Eyes
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BigBlackEquus



Joined: 05 Jul 2005
Location: Lotte controls Asia with bad chocolate!

PostPosted: Tue Dec 13, 2005 5:26 am    Post subject: Reply with quote

thewhat wrote:
I have a different situation but fear the same result.

The last day of my contract is in a couple of days. I fear they will not pay me or not pay my severance because its only been 364 days or some BS like we have no money. I asked to be payed one day early and they insist on paying me at the airport before I go.

The last guy who worked here left eary and got the same "at the airport" story. They did not pay him , said he owed for airfare etc., and he chose to leave.

Who can I call about the severance in Pyeongtaek city outside of suwon if this happens?

Im dealing with an ewha franchise. AVOID IT


The labor board. 1350 is the number. I'd remind her that if she is planning to pull that one on you, you will immediately file a complaint with the labor board, head to immigration and get an extention to stay here and fight it. Then get a yogwan and wait. Line up some PT work for about a month or less. I would stay here and fight it just on principal.

By the way, I distinctly remember hearing that some director had tried the 364 day thing (you weren't here a year!) and wouldn't pay the severence based on that. The labor board took care of the problem quite well, as I remember hearing.

I would also mention that you are planning a trip to the tax office, because you think she has been guilty of some shady accounting practices. You feel you need some government intervention to "help figure things out."
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Tue Dec 13, 2005 8:32 am    Post subject: Reply with quote

So what did you do? What did the boss say tonight?
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thewhat



Joined: 03 Jun 2005
Location: Seoul suburbs

PostPosted: Tue Dec 13, 2005 9:12 pm    Post subject: Reply with quote

Thanks for the advice Equis.

I didnt buy the plane ticket if there is one.
Me and the owners are not talking recently because I brought up the week of vacation I did not recieve, in effort to get paid one ar two days early, and they freaked. Now I get the silent treatment, I guess I offended some Korean "culturAL difference"

I dont even know the carrier, just that I will be gone "before the contract expires".

Do people feel I should make a stand before I leave for the airport at 8a.m., the day before or wait and see and hope for the best?
Confused
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thewhat



Joined: 03 Jun 2005
Location: Seoul suburbs

PostPosted: Tue Dec 13, 2005 9:13 pm    Post subject: Reply with quote

Thanks for the advice Equis.

I didnt buy the plane ticket if there is one.
Me and the owners are not talking recently because I brought up the week of vacation I did not recieve, in effort to get paid one ar two days early, and they freaked. Now I get the silent treatment, I guess I offended some Korean "culturAL difference"

I dont even know the carrier, just that I will be gone "before the contract expires".

Do people feel I should make a stand before I leave for the airport at 8a.m., the day before or wait and see and hope for the best?
Confused
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matthews_world



Joined: 15 Feb 2003

PostPosted: Tue Dec 13, 2005 11:56 pm    Post subject: Reply with quote

I feel no sympathy for the original poster. Basically, the hagwon has the right to take action because the OP is essentially breaking his contract.

Face it, if you were to stay in the first place, you more than likely would get paid next month. There are other costs such as airfare, etc. that are involved when breaking your contract, hence the nonpayment. By forfeiture of your contract, your severance is in jeopardy.

Any serious need to return home? You might not have a job as you will probably be replaced.
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