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Cerriowen
Joined: 03 Jun 2006 Location: Pocheon
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Posted: Sat Jul 29, 2006 7:02 pm Post subject: *FIRED?!?!?!?* Furious... |
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OK I posted a while back that I gave my school 30 days written notice. I compensated them for their airfare, visa run to japan etc. Everything.
I was a good teacher. The young kids adored me. I was sad to go but I was sick of all the BS the school put me through, and the older kids.
One time I was deathly ill and had to go to the hospital, I got a doctors note.
Well I just applied for another job and found out the school put that they FIRED me for 'excessive absences' on my immigration visa.
How do I fight that? I'm furious. |
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laogaiguk

Joined: 06 Dec 2005 Location: somewhere in Korea
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Posted: Sat Jul 29, 2006 7:26 pm Post subject: Re: *FIRED?!?!?!?* Furious... |
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| Cerriowen wrote: |
OK I posted a while back that I gave my school 30 days written notice. I compensated them for their airfare, visa run to japan etc. Everything.
I was a good teacher. The young kids adored me. I was sad to go but I was sick of all the BS the school put me through, and the older kids.
One time I was deathly ill and had to go to the hospital, I got a doctors note.
Well I just applied for another job and found out the school put that they FIRED me for 'excessive absences' on my immigration visa.
How do I fight that? I'm furious. |
I would be too. First, ask them to take it off nicely. This probably won't work but you can't do this after, so try it at first (I mean your past employers). Then, threaten to sue them. Make sure they know you are going to stay in the country. If that fails, I don't know what actual legal recourse you have, but hopefully someone can help.
Second, why did you pay them back for the visa run ??? |
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poof
Joined: 23 May 2005
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Posted: Sat Jul 29, 2006 8:10 pm Post subject: |
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If I recall, this was the employer who gave you an apartment with zero furniture, and had a prejudice against a pre-existing medical condition, right?
If everything you told us was 100% honest, how can anyone be so low-life to then blackmark your future job prospects??? They sound like they are the lowest of the low. As you also said you went through a recruiter, I would try to insist the recruiter negotiate with the school to get your absence record changed with immi. If not, you should tell him/her that you will publicly denounce them, too, and take further action. |
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canuckistan Mod Team


Joined: 17 Jun 2003 Location: Training future GS competitors.....
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Posted: Sat Jul 29, 2006 8:23 pm Post subject: |
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| Did your past employer sign off on any resignation letter? Do you have a copy of it? Did you get a letter of release? |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat Jul 29, 2006 8:52 pm Post subject: |
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See if you can get an Letter of Release. Without it, you cannot work another job in Korea. Talk with him, apologize, and play "nice guy" I know you may not want to do this, but it may make all the difference in you getting another job in Korea. There are plenty of Sample Copies for LOR's in this forum. If the conversation is heading in a positive direction, see if he will sign the letter of release. |
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Cerriowen
Joined: 03 Jun 2006 Location: Pocheon
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Posted: Sat Jul 29, 2006 9:15 pm Post subject: |
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| We went to the immigration office together and put that I'm no longer working there. I'm here on a tourist visa. Isn't that sufficient? Do I need an actual *letter*? |
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matthews_world
Joined: 15 Feb 2003
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Posted: Sat Jul 29, 2006 9:35 pm Post subject: |
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If you have no money to get home, search for another job fast. Tourist visa is maybe 2 weeks? Many jobs to be found.
With your medical condition, why not try adults or public schools? If you wanna go home, work for a month, get paid, then do a runner. A large chain kiddie hagwon wouldn't really miss you compared to a small mom & pop joint.
Last edited by matthews_world on Sat Jul 29, 2006 9:36 pm; edited 1 time in total |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat Jul 29, 2006 9:35 pm Post subject: |
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| Cerriowen wrote: |
| We went to the immigration office together and put that I'm no longer working there. I'm here on a tourist visa. Isn't that sufficient? Do I need an actual *letter*? |
Employers know you need a Letter of Release. I would go back to him to see if you can get one. Explain to him you contacted Korean Immigration Officials about LOR's, and they said, "You need a letter of release regardless if you're on a Tourist Visa." I would get ahold of him as soon as you possibly can.
alabamaman |
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Milwaukiedave
Joined: 02 Oct 2004 Location: Goseong
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Posted: Sun Jul 30, 2006 12:33 am Post subject: |
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Cerriowen,
I hope you are able to get things straighted out. Be firm with the old employer if they won't remove the fact you were fired as well as getting a letter of release.
It's tough, but hang in there. It will get better. |
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buymybook
Joined: 21 Feb 2005 Location: Telluride
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Posted: Sun Jul 30, 2006 5:56 am Post subject: |
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I don't know about details of your past post but it sounds like you did have an E-2, left the country, returned, and are now on a tourist Visa. I'm not sure what you meant when you said they put that you "had too many absences on your Visa."
I will guess and say that they called Immigration and told them of this facts = lies which placed you on the immigration blacklist. I'm not sure of what all constitues unfairly Immigrations qualifications to be placed on the blacklist but I was once on it.
Talk to someone important at Immigration, buy and give them Beta drinks, make sure the supervisor gets one, beg them to take you off the blacklist. They may tell you "impossible" as they did me but you must try again to find an employer. I did, and found it wasn't impossible. I now have a job. |
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Hotpants
Joined: 27 Jan 2006
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Posted: Mon Jul 31, 2006 2:40 am Post subject: |
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Seems unfortunate. I've never heard of anyone being put on an immi blacklist before because of 'too many absences'. As far as I know, immi can only 'blacklist' you if you have abused the conditions of your stay previously. I once made enquiries about their 'blacklist' and several officers stated to me that they cannot blacklist any teacher purely on account of what a disgruntled employer says; a teacher MUST abuse visa rights or have uncovered criminal convictions in order to be 'blacklisted.'
Howabout switching districts or even moving city, so that you deal with a different immi office? I can't believe that you are listed nationwide as having 'too many absences' How can immi possibly qualify what constitutes 'too many absences' in any case? Also, what does your recruiter have to say about this? |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Mon Jul 31, 2006 5:18 am Post subject: |
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Cerriowen,
I think what your boss has done is to put a letter into your Immigration file. It is like a negative letter of reference, but not equivalent to being blacklisted. You can still tell your story. And there is still a teacher shortage here, so you can still get a new job. You might want to move to a new location.
For your own benefit and peace of mind, you should answer your boss. You should write your own letter. A long letter. Be very nice and polite and explain what really happened. It should be strong and HINT of legal action (no threats). He should know, and you should remind him that defamation is a serious offense in Korea. He has hurt your reputation and good name. Send a copy to your old boss, and ask him to remove his negative letter. Also ask for a letter of release if you didn't get one. Send or hand deliver a copy of the letter to the Immigration office to be placed in your file with your employer's letter.
Having done the letter, hold your head high and go get a new job.
Good luck. |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Jul 31, 2006 7:38 am Post subject: |
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| ontheway wrote: |
Cerriowen,
I think what your boss has done is to put a letter into your Immigration file. It is like a negative letter of reference, but not equivalent to being blacklisted. You can still tell your story. And there is still a teacher shortage here, so you can still get a new job. You might want to move to a new location.
For your own benefit and peace of mind, you should answer your boss. You should write your own letter. A long letter. Be very nice and polite and explain what really happened. It should be strong and HINT of legal action (no threats). He should know, and you should remind him that defamation is a serious offense in Korea. He has hurt your reputation and good name. Send a copy to your old boss, and ask him to remove his negative letter. Also ask for a letter of release if you didn't get one. Send or hand deliver a copy of the letter to the Immigration office to be placed in your file with your employer's letter.
Having done the letter, hold your head high and go get a new job.
Good luck. |
This is excellent advice but I have a feeling that it isn't as serious as it sounds. But before I go on, please answer the following....
1. How many days did you miss?
2. How many months did you work there?
3. What's in your contract regarding notice of termination.
4. Did immigration tell you that you may not get a new VISA?
Now, here's what I was going to say.
You mentioned that you and your boss both went down to immi together and he signed a form that you no longer work there...right? Did they put a stamp in your passport? In some cases, when this procedure is carried out, your VISA is cancelled.
In some cases, when you are fired you are released from your VISA because the academy you worked for will need your VISA alottment in order to hire another teacher.
Each academy is alotted a fixed amount of VISA slots according to their enrollment. They can't hire a new teacher unless they free your VISA slot.
Since immi requires a reason to cancel the VISA, your boss probably cited your absences. It actually reflects badly on the employer if they cite managerial reasons.
So, who informed you of this blemish? Was it immi, or your new employer?
Anyway, what you have described is not sufficient grounds for immi to refuse you future work, especially if this is your first termination.
Furthermore, some immigration offices require that the director and employee go together, just as you described. Here in Daegu, they don't even recognize a Letter of Release. This happened to me, and my Visa was cancelled the same way you initially described.
I don't think we have the full story yet, unless immigration told told you flat out that your hands are tied.
At the very least, if your employer has not followed the provisions of labor law or your contract when he fired you...the labor board may be able to help get you through this. But regardless, diplomatically exhaust all possible co-operation from you old employer first.
Here's what efl-law says regarding termionation:
http://efl-law.org/forums/viewtopic.php?t=1362
http://efl-law.org/forums/viewtopic.php?t=1361
http://www.efl-law.com/contracts.php
labor board:
http://english.molab.go.kr/
Last edited by the eye on Mon Jul 31, 2006 8:17 am; edited 1 time in total |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Mon Jul 31, 2006 7:57 am Post subject: |
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The eye,
Hi. I have a question about this visa allotment thing. I've never heard of it except here on Dave's. Whenever we have expanded and hired new teachers there has been no question about the number of students taught. Where did you hear about this rule? I've only heard of it here on Dave's. Where does this rule come from?
It doesn't seem possible. Some schools have 20 or 25 students in a class. Some have as few as 3 or 4. How can Immigration judge this? |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Jul 31, 2006 8:07 am Post subject: |
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| ontheway wrote: |
The eye,
Hi. I have a question about this visa allotment thing. I've never heard of it except here on Dave's. Whenever we have expanded and hired new teachers there has been no question about the number of students taught. Where did you hear about this rule? I've only heard of it here on Dave's. Where does this rule come from?
It doesn't seem possible. Some schools have 20 or 25 students in a class. Some have as few as 3 or 4. How can Immigration judge this? |
From what i understand, and this was discussed a year ago on EFL-Law as well, is that each school gets an allotment (thanks for spelling) for a certain range of enrollment upon startup. That allotment stands until you apply to have it raised.
Things may have changed, but I remember my own director telling me this. |
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