November 18, 2017, 11:49:03 PM

Author Topic: Need legal advice. What are my options???  (Read 1153 times)

Offline sj_one18

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Need legal advice. What are my options???
« on: January 12, 2017, 08:40:01 PM »
I've been working in a franchised hagwon for almost the length of the whole contract year, 11 months. BUT the owner decided to sell it to the Corporate Head Office. For 1 month, I will be working for Corporate Head Office. I will not be recontracting/re-signing with them after.

In my old contract with the previous owner I was to receive severence and a plane ticket back home after my contract.

BUT they want me to sign a new contract with the Head Office for 1 month because they say they are two different companies even though they have the same name. Also, they want me to sign a liability contract that says "they are not responsible for any unpaid wages or severence or plane ticket back home".

I also have to redo the whole visa process along the way..... with only 1 month left to go.

My original contract ends on March 17th but the new contract they are offering states that my end date is two weeks earlier on February 28th.
They have just informed me today and the Head office will take over on February 1st. This gives me only 2 weeks until they terminate me.
 
What can I do?? Is there any way I can at least  get my severence or even the plane ticket back home??

****EDIT
I had already signed the contract. However, when they put me in the situation to sign the contract, they said "they needed a decision today", but I learned the other foreign teacher and Korean teachers were given more time to decide to sign the contract.

Also, I have talked to the labor board counselor, and they informed me that "If the contract is comprehensively transferred, I should be given what was originally offered by the new owner. They are legally obligated to do it under the Labor Law Act."

Under the Labor Law Act, it is illegal for them to not give me severence and the plane ticket home. Even though I had signed a liability contract.

What should I do now? If I try to ask the Head Office(new owners) for what was originally offered they will most likely terminate the contract and not re-hire me for that last month.
« Last Edit: January 13, 2017, 11:08:08 AM by sj_one18 »

Online JNM

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Re: Need legal advice. What are my options???
« Reply #1 on: January 12, 2017, 09:55:25 PM »
1) don't sign anything

2) (edit: better advice below)
« Last Edit: January 13, 2017, 09:24:26 AM by JNM »

Offline orionchocopie

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Re: Need legal advice. What are my options???
« Reply #2 on: January 12, 2017, 10:05:03 PM »
Don't sign anything.

Show up to work as normal.

Call the labour board.  Tell them the situation.  Ask them what to do.

Offline kyndo

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Re: Need legal advice. What are my options???
« Reply #3 on: January 13, 2017, 07:46:13 AM »
This is basically just a twist on the whole 11th month firing scheme. The Labour Board takes a very dim view on that so most likely they will be able to help you out.

What a terrible way to end a year. I hope things work out for you!

Offline Dave Stepz

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Re: Need legal advice. What are my options???
« Reply #4 on: January 13, 2017, 09:20:57 AM »
Don't sign anything.

Show up to work as normal.

Call the labour board.  Tell them the situation.  Ask them what to do.

This...

This is basically just a twist on the whole 11th month firing scheme. The Labour Board takes a very dim view on that so most likely they will be able to help you out.

What a terrible way to end a year. I hope things work out for you!

..and this.

Don't sign anything.

Labour will be able to help you quickly and cheaply in a way a lawyer wouldn't.  Contact them on 1350 ext 5

Offline spasch

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Re: Need legal advice. What are my options???
« Reply #5 on: January 13, 2017, 09:31:23 AM »
One of the oldest tricks in the book, but a bit different. You didn't do anything bad enough to deserve termination, but they were doggedly determined NOT to pay you severance or your flight home. So they moved you. Trust me, they knew they were going to do this all along. Report these sheisters to the labor board and do NOT sign anything.

Offline orionchocopie

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Re: Need legal advice. What are my options???
« Reply #6 on: January 13, 2017, 12:21:11 PM »
I've been working in a franchised hagwon for almost the length of the whole contract year, 11 months. BUT the owner decided to sell it to the Corporate Head Office. For 1 month, I will be working for Corporate Head Office. I will not be recontracting/re-signing with them after.

In my old contract with the previous owner I was to receive severence and a plane ticket back home after my contract.

BUT they want me to sign a new contract with the Head Office for 1 month because they say they are two different companies even though they have the same name. Also, they want me to sign a liability contract that says "they are not responsible for any unpaid wages or severence or plane ticket back home".

I also have to redo the whole visa process along the way..... with only 1 month left to go.

My original contract ends on March 17th but the new contract they are offering states that my end date is two weeks earlier on February 28th.
They have just informed me today and the Head office will take over on February 1st. This gives me only 2 weeks until they terminate me.
 
What can I do?? Is there any way I can at least  get my severence or even the plane ticket back home??

****EDIT
I had already signed the contract. However, when they put me in the situation to sign the contract, they said "they needed a decision today", but I learned the other foreign teacher and Korean teachers were given more time to decide to sign the contract.

Also, I have talked to the labor board counselor, and they informed me that "If the contract is comprehensively transferred, I should be given what was originally offered by the new owner. They are legally obligated to do it under the Labor Law Act."

Under the Labor Law Act, it is illegal for them to not give me severence and the plane ticket home. Even though I had signed a liability contract.

What should I do now? If I try to ask the Head Office(new owners) for what was originally offered they will most likely terminate the contract and not re-hire me for that last month.

Did you tell the Labour Board that you were coerced into signing the new contract?  I think the best advice is call them again and explain what a terrible situation you have been placed in.

Eye on the prize- salary, severance and air fare.  Last day March 17.  Stay focused, don't ask for more, don't settle for less.  You have been tricked.  Get the support of the Labour Board.

Offline scholes

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Re: Need legal advice. What are my options???
« Reply #7 on: January 13, 2017, 02:02:58 PM »
Obviously if they want you to sign something like that it's because you are entitled to it under law. Don't sign it, they must pay you all those things. It's not even different company name.

Offline donuts81

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Re: Need legal advice. What are my options???
« Reply #8 on: January 13, 2017, 02:07:08 PM »
Just out of interest what is the franchise?

Please keep us updated with what the labor board etc say. It really is a strange twist to the 11th mth termination. It seems logical that they should honor the contract but I've never heard of this situation before.

And good luck!
"You can't hurt me now, Mr Lee. I've lost all feeling"