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Got fired checklist
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peterteacher



Joined: 02 Oct 2006
Location: Gwangju, South Korea

PostPosted: Tue Sep 04, 2007 8:20 pm    Post subject: Got fired checklist Reply with quote

I'm American male teaching at Korean Hogwan in Gwangju... been here just over 8 months now. It's been extremely difficult communicating with my director... first of all she's a WOMAN! (Nuf said) Seriously though... She speaks hardly a word of English even though she's been doing this for over 5 years(!?)

Last night I was informed of the Hogwan's "final decision" to fire me.

I've spent the morning researching this site, and here's a checklist that I've come up with:

1) Find out length of notice for termination they intend(ed) to give me vs. what's required by law. Rumors say 1 month standard? My contract doesn't specify anything.

2) Get termination notice in writing

3) Obtain LOR from immigration office, so I can get a better job.

4) "drop by" and Apply for a refund from the pension office.

5) File a complaint with the Labor board... regarding unfair firing in my last months with no compensation.

6) Report the hogwan to the Tax bureau office for mismanaging taxes.

7) Go back to work in the usual hostile environment that I've grown accustomed to these past 8 months.

Let me repeat that since all communications with my director requires UN style meetings, it is extremely stressful for everyone involved in negotiations.

My reaction to the news:
I was shocked, upset, worried, angry, insulted. The reason they stated was that there'd been numerous complaints by students and parents against me.... It's true that in the past few months there had been meetings informing me how bad of a teacher I was, but no real effort to demonstrate how to improve. Just complaints.


An interesting (related?) aside:
Recently I/ we were investigated by Foreign Affairs for teaching illegally at a public school. No results to report on that affair, yet. I say "we" because my hogwan paid me for the gig, and even had a contract with the school. That's how "we" got caught. Actually it was mandatory work that I protested, but they were greatly angered by my audacity, etc... By the way... a lawyer (misinformed or disingenuous) even said I was in the clear teaching there, even without informing immigration. Now I know it was a bad bad thing

Rolling Eyes

PLease reply with helpful suggestions and concerns
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SeoulShakin



Joined: 05 Jan 2006
Location: Seoul

PostPosted: Tue Sep 04, 2007 8:22 pm    Post subject: Reply with quote

Your list looks good, but was it really necessary to put she's a woman in such bold lettering? Is that really relevant?
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Tony_Balony



Joined: 12 Apr 2007

PostPosted: Tue Sep 04, 2007 8:28 pm    Post subject: Reply with quote

Women are kind, understanding, gentile,nurturative and supportive. Thats the stereotype anyway, so are you expecting compassion from her?
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Tue Sep 04, 2007 8:36 pm    Post subject: Reply with quote

#3's the only really important one if you want to stay in Korea and #4 if you want to leave. Save #6 until after you've got #3, unless you have trouble getting #3.
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peterteacher



Joined: 02 Oct 2006
Location: Gwangju, South Korea

PostPosted: Tue Sep 04, 2007 8:48 pm    Post subject: Apologize Women... just joke Reply with quote

THere was supposed to be an Twisted Evil evil smile there. Meaning... "just joke"

Seriously, tho... most of these Korean forums assume boss is male gender. Both Hogwans I am familiar with have female owners/ directors.

I'll going in to work, now... cover me!

-PTeach
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Sep 04, 2007 10:34 pm    Post subject: Re: Got fired checklist Reply with quote

peterteacher wrote:
I'm American male teaching at Korean Hogwan in Gwangju... been here just over 8 months now. It's been extremely difficult communicating with my director... first of all she's a WOMAN! (Nuf said) Seriously though... She speaks hardly a word of English even though she's been doing this for over 5 years(!?)


She's not in the business for the purpose of educating anyone, least of all herself. More likely than not, she's in the business for the profit. English, of course, is profitable here. Well, it would be if the folks in charge would do it correctly.

Quote:
Last night I was informed of the Hogwan's "final decision" to fire me.


Final = First decision to fire you, no doubt. Of course, you were never informed that any of these glaring misdeeds of yours would lead to termination as the boss is just making them up.

Quote:
I've spent the morning researching this site, and here's a checklist that I've come up with:

1) Find out length of notice for termination they intend(ed) to give me vs. what's required by law. Rumors say 1 month standard? My contract doesn't specify anything.


It doesn't matter that the contract doesn't specify a time period. The law requires a minimum of 30 days notice or 30 days pay. If your contract, however, did provide for a great period on the boss's part, such as 60 days, then the boss is required to provide you 60 days notice or pay in lieu thereof.

Quote:
2) Get termination notice in writing


That's right. Just like you weren't working for them when you didn't have something in writing (the contract), you're still working for them--and they owe you your pay--until you have something in writing (the termination letter) saying otherwise.

Quote:
3) Obtain LOR from immigration office, so I can get a better job.


Actually, it's use the Letter of Release that some Immigration offices have posted and is also on this site (IIRC). Get your boss to sign that.

Quote:
4) "drop by" and Apply for a refund from the pension office.


You can only do that if you're leaving Korea. More on this below.

Quote:
5) File a complaint with the Labor board... regarding unfair firing in my last months with no compensation.


If you're fired in your very last month of your contract, then it's incredibly obvious that the boss is pulling a scam and trying to save the return fare and severance payments. Apparently, Labor doesn't cotton to that scheme.

Quote:
6) Report the hogwan to the Tax bureau office for mismanaging taxes.


Just find out what the boss has reported to the tax office about you and how much of the money she's withheld under the guise of taxes she has actually remitted to the tax office. More on this below.

Quote:
7) Go back to work in the usual hostile environment that I've grown accustomed to these past 8 months.


If you bail on your own, the Korean governmental agencies are going to view you as the bad guy and you might get some sympathy from them. I wouldn't count on it though. Stick it out as long as you can.

Quote:
Let me repeat that since all communications with my director requires UN style meetings, it is extremely stressful for everyone involved in negotiations.


The only person stressing should be your boss. You have all the cards, believe it or not! When I first got here, I was under the impression that I owed my job to the boss. How wrong I was! Remember this if nothing else: She owes her business's existance to you!

Quote:
My reaction to the news:
I was shocked, upset, worried, angry, insulted. The reason they stated was that there'd been numerous complaints by students and parents against me.... It's true that in the past few months there had been meetings informing me how bad of a teacher I was, but no real effort to demonstrate how to improve. Just complaints.


It's all a myth. The boss was laying groundwork to can you. If it were true, you could request a meeting with the parent to discuss the issue and the boss would have no problem with that. One guess what the boss's response would be if you demand a meeting with the parents.

Quote:
An interesting (related?) aside:
Recently I/ we were investigated by Foreign Affairs for teaching illegally at a public school. No results to report on that affair, yet. I say "we" because my hogwan paid me for the gig, and even had a contract with the school. That's how "we" got caught. Actually it was mandatory work that I protested, but they were greatly angered by my audacity, etc... By the way... a lawyer (misinformed or disingenuous) even said I was in the clear teaching there, even without informing immigration. Now I know it was a bad bad thing


You might be screwed because of this alone. It doesn't matter that the boss demanded you teach illegally; what matters to Immigration is that you did teach illegally.

For the stuff above where I said, "More on this below," you need to wait until you're free and clear of this woman before you run her through the ringers at the appropriate governmental offices. You can only do that if you, or a trusted friend who can appear for you, will remain in the country. If you're going to leave the country straightaway, it's all a write-off.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue Sep 04, 2007 11:47 pm    Post subject: Re: Got fired checklist Reply with quote

peterteacher wrote:
[b]1) Find out length of notice for termination they intend(ed) to give me vs. what's required by law. Rumors say 1 month standard? My contract doesn't specify anything.

3) Obtain LOR from immigration office, so I can get a better job.

5) File a complaint with the Labor board... regarding unfair firing in my last months with no compensation.

1) It's not a rumor. you get 30 days notice or 30 days pay (unless your contract specifies MORe than 30 days must be given). Contracts don't need to say anything; 30 days is Labor Law minimum.
3) You don't obtain the LOR from Immigration. You obtain it from your boss and GIVE it to Immigration fro your next job.
5) fair firing or unfair firing, no matter. You're only entitled to your 30 days notice.
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garykasparov



Joined: 27 May 2007

PostPosted: Wed Sep 05, 2007 1:37 am    Post subject: Reply with quote

LETTER OF RELEASE

Teacher Name:

Nationality:

Passport No.:

Address:

Telephone No.:

First Name & Last Name has been working at Name of school from month day, year to month day, year in the position of Foreign English teacher. He was notified of dismissal on September 3, 2007 and his last day of work was on month day, year. I, Director First Name & Director Last Name consent to the above employee working for another English school or English academy.

Dated: month day, year

School Name:

Address of School:

School Telephone No.:

Employer Name:

Employee Signature:

Employer Signature:

/SEAL/
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peterteacher



Joined: 02 Oct 2006
Location: Gwangju, South Korea

PostPosted: Wed Sep 05, 2007 4:12 pm    Post subject: Turns out I'm not holding all the cards Reply with quote

My boss, via a Korean teacher ("interpreter"), refused to provide any paper document when I requested a notice of termination.

I pointed out the Article 32 (Advance notice of dismissal) and the reply was (ludicrously) that if I could point to where it said they had to provide written notice, then they would consider it. Of course, I couldn't.

They insist that I take some "deal" in which I change schools immediately without leaving the country...The terms are so insulting and aren't worth considering since they're not on paper, anyways. My insistence that they were forcing me to goto the authorities were met with a disturbing, stoic smile. (((((("I know something you don't know")))))

I left the meeting feeling totally intimidated... joking that when i got back to my apartment, I might meet the boss's Husband who would "persuade" me to take the "deal".
Shocked

When I did get home, my sweetheart, who happens to be Korean who... and oh yea... also used to work at the hogwan, had apparently already spoke to my director earlier in the day about the "deal".

Today, I feel I need to take a different approach with the situation, as I attempt to clear up my/"our" priorities at "home". It's clear that my girlfriend still feels loyal to an organization that I've grown to despise.

An organization that seems to want war.
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garykasparov



Joined: 27 May 2007

PostPosted: Wed Sep 05, 2007 4:22 pm    Post subject: Re: Turns out I'm not holding all the cards Reply with quote

peterteacher wrote:
My boss, via a Korean teacher ("interpreter"), refused to provide any paper document when I requested a notice of termination.

I pointed out the Article 32 (Advance notice of dismissal) and the reply was (ludicrously) that if I could point to where it said they had to provide written notice, then they would consider it. Of course, I couldn't.

They insist that I take some "deal" in which I change schools immediately without leaving the country...The terms are so insulting and aren't worth considering since they're not on paper, anyways. My insistence that they were forcing me to goto the authorities were met with a disturbing, stoic smile. (((((("I know something you don't know")))))

I left the meeting feeling totally intimidated... joking that when i got back to my apartment, I might meet the boss's Husband who would "persuade" me to take the "deal".
Shocked

When I did get home, my sweetheart, who happens to be Korean who... and oh yea... also used to work at the hogwan, had apparently already spoke to my director earlier in the day about the "deal".

Today, I feel I need to take a different approach with the situation, as I attempt to clear up my/"our" priorities at "home". It's clear that my girlfriend still feels loyal to an organization that I've grown to despise.

An organization that seems to want war.


Are they pissed over your job performance or the fact you're in a relationship with a Korean girl?
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Juregen



Joined: 30 May 2006

PostPosted: Wed Sep 05, 2007 4:53 pm    Post subject: Reply with quote

Peterteacher

Don't accept any deals.

Tell them that if they do not respect the rules laid out, that you will be "forced" to file a complaint at the Immi office and the Board of Education and the Tax office.

They first need to HAVE a reason to fire you in Korea, and it has to be a formal complaint. Otherwise they CANNOT fire you. (bad teaching is not a reason, they hired you, so its their problem)

If they do have a formal complaint to fire you, then they need to give you 30 days (at least) + a LOR and all other documentations.

As long as you did not receive these things, continue going to work unimpeded. DOn't stay at home and miss work (if you stay home for a week or so, they can "assume" the contract is finished, same goes in any other country)
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ChinaBoy



Joined: 17 Feb 2007

PostPosted: Thu Sep 06, 2007 3:00 am    Post subject: Reply with quote

get over it and get a new job, why create more stress in your life?
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Thu Sep 06, 2007 3:09 am    Post subject: Reply with quote

^Best advice yet... Very Happy
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peterteacher



Joined: 02 Oct 2006
Location: Gwangju, South Korea

PostPosted: Thu Sep 06, 2007 7:31 am    Post subject: "UNQUALIFIED TEACHER" aka More Hideously surreal t Reply with quote

"The deal" ... Still nothing on paper yet.

A significant threat has manifested in the form of an unidentified flying "unqualified teacher complaint".

(((((Take "the deal" or we'll file a formal complaint with immigration and you'll never work in Korea again. ))))

OK. I haven't done any research on this, yet... anyone have any experience with "Unqualified Teacher"? The obvious application would be someone who faked a diploma, or goes on binge drinking episodes while on duty.

The question ... could my half-assed-hogwon director who never documents anything on paper (as a rule, apparently) actually get me banned from teaching here?

Wild theory: My director is possibly reeling from expenses incurred from last month's illegal teaching investigation, and overspending on gaudy interior decorating for the new building from 3 months ago... and is trying to force me into some ludicrous deal just so she can make a payment on a cheezy chandelier.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Thu Sep 06, 2007 7:50 am    Post subject: Reply with quote

Just got to the health, pension and tax offices if this is the way they're going about it.

They fk you, you fk them. Then get another job. Don't worry about letter of release nonsense or their stupid threats.
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