Korean Job Discussion Forums

[gochubandit]

have to leave job early due to finding another position at a much better job (also in korea). however, i've ruffled the feathers of the higher-ups. they're withholding my last month's pay on the condition that if i leave early, i don't get paid. is that legal? any sort of recourse? should i go to the labour board??

letter of release isn't a factor in this situation.

[Homer]

Well,

If you gave them proper notice and followed the contractual clauses for terminating your employment they cannot legally with hold your last pay. The Labour Board would be a warranted option here.

However, why would you not need a Letter of Release?

Did they give one to you already?

[I-am-me]

My advice would be to stay there until end of contract. Let other school know you have to finish your contract. Koreans will understand that. You need the LOR. Don't burn bridges!

[Ya-ta Boy]

I'd say contact the Labor Board and ask their opinion. They know whether your particular situation is under their jurisdiction.

[inkoreaforgood]

[I-am-me]

In response to the previous post...the person with a problem reading is the one trying to get out of his contract. What good are contracts if teachers just leave when they want? Then teachers wonder why koreans always break contracts. I feel sorry for the next teacher the school hires there. I am sure they will stiff him first next time.

[denverdeath]

[Grotto]

[gochubandit]

so can i leave before the 30 days notice is up? if they're gonna hold my pay, i'd rather just leave and pull a runner and not honor the contract. can they sue me for damages such as lost profit or some other nonsense?

[riley]

Are you saying that you gave 30 days notice but now want to leave before the 30 days? If so, aren't you breaking your word? Why would you find it necessary to do this? Please explain if I misunderstood.

[jangsalgida]

After your last day teaching and they don't pay when they say, return to the school at the proper time to take something of equal value(the smaller the item the better). Plan an escape and call them later to arrange someone to trade your salary for the item you mistakenly took and lost, but could try to find.

[denverdeath]

I don't quite understand why the LoR is not an issue.

If(as you said in you original message) you are going to be staying in Korea and working at another job, don't walk out if you want to have a chance of fighting for that month's wages through the labour board. Make sure you keep track of everything for evidence. Sign and date a letter of resignation and make note of the date that your director either accepted or refused it. Also, what about if your current place wants to cause problems at immigration for you?

If, however, you aren't even working legally(no ARC), walk away now. Don't work for free if you know for a fact that they will not pay you.

Again, your situation seems a little strange...

[Homer]

The LOR is an issue...no matter what is being said in this thread (unless the OP already has an LOR that is!).

gochubandit, I am also confused...you have notice and now want to run?

Whats the deal here?

Can they sue you? Not likely.

Can they prevetn you from getting a new work visa if you stiff them by running? Entirely possible.

This would mean you could not work legally until your current E-2 expires (whenever that will be).

Just finish out your 30 days and leave. If he refuses to pay you or intimates that he will, call the Labour board and explain your situation. Also, make sure you abided by the contractual terms for giving notice and quiting your job. These terms might also include paying back airfare (if you quite before a certain time into the contract)...just cover your bases.

[huffdaddy]

[peppermint]

Isn't the OP a kyoppo? People with F-4 visas don't need letters of release.