Korean Job Discussion Forums

[maybe]

I posted a while back about how my old school was looking to sue me because I broke contract early. When I resigned, I gave them a resignation letter that stated that I wanted to finish in two weeks instead of the two indicated in the contract. I was breaking my second contract and not my previous one... but all that information is back at the first post a few months ago. They complied and didn't put up any fight. They waited until my last day to drop the big bomb on me on how I get no flight back, no serverance, and threatened to sue me and my new employer. Not only that, but they prevented me from working at my new job with the threats.

So then I paid the penalties from the contract with the airfare, but knew that the severance was law not contractual. I took the situation to the Ministry of Labor and they said that I had a sure case and the proceeding began. The school tried to play it cool. But they didn't bring much documents such as my contracts and monthly paystubs, stating that they don't keep records like those (I remember hearing somewhere that there is a law in Korea where employers are required to keep all documents on employees for three years after they leave the company). They said funny things like my first contract was a sample contract and that it wasn't correct. It was the only thing I signed. They tried to make it look like I haven't worked for them over a year with incorrect tax information. I proved my pay and employment period with my monthly paystubs I kept and my bank records. Much to say, they paid my first pay in cash because I didn't have a bank account then, but luckily had a stub. I learned then that it was illegal... oy.

Because they know that the case at MOL isn't at all in their favor, they are threatening to sue. They will give the severance check to the courts until after the case, if I continue with the case with MOL. They say they are going to sue me for damages they recieved from my premature employment with the second contract. Those damages are hiring a recruiter for a new teacher, the new teacher's pay difference from mine, a signing bonus they had to pay the new teacher, and lawyer fees.

I'm thinking that I already paid my penalties, in following the contract, and if they are going for damages, wouldn't I be able to go for something along the same lines in that I couldn't work for a month because of them? I'm wondering if I would have a case against them. Because the lady at MOL is wishywashy telling me one time I have a clear-cut case and the next telling me to call my ex-employer to cut a deal like a contract stating that I will drop the case if they won't sue. I don't mind doing that, but I just want some opinions and advice... or even some legal advice if anyone is able to. Thanks a bunch in advance. ^^

[Bibbitybop]

efllaw.com

[khyber]

[maybe]

[buymybook]

The lady at MOL shouldn't be advising you to "cut a deal." She should do her job and you shouldn't do anything stupid. How did they learn about you and your new job?

You should get far enough away from them so that they don't know about your job situation.

[Young FRANKenstein]

[mindmetoo]

The pay difference is insane. They can't sue you for that. Did your contract have a clause for you terminating it with notice?

[maybe]