Contracts

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Apis68
Posts: 10
Joined: Wed Apr 09, 2014 7:16 am

Contracts

Post by Apis68 »

I began working at my school in July. In my contract, it states that I will receive health insurance after I obtain my work visa. I foolishly assumed that I would get a work visa soon after - or at least within three months - arriving. This was not the case. There are teachers who have been at the school for more than eight months and who still have no health insurance. I also found out that (or at least I've been told) the school has already met the limit of employees who may receive work visas.

I have health issues that may not be apparent to the average person, but that are costly. Prescriptions here run me more than $300 a month. I met with the school's director about the issue (salaries at the school are very low) and let him know that I could not afford to pay this amount for my prescriptions (living costs are high in this country). He confirmed that it might be quite some time before I receive medical coverage. He never got back to me about the issue, although he said he would. I began getting very anxious a week after I spoke with the director and sent my resume out to some schools. Yesterday I received a contract from a school whose salary and benefits are more in line with what I'm used to with international schools. I will have health insurance and a paid apartment immediately upon my arrival.

I just booked a flight that leaves in a week. I haven't told my director yet. I am upset with their deception, but I do not (want to) believe that the director is deliberately deceitful. The school seems to genuinely want to help students of all means, although it can also be said that the school does not give equal concern to the teachers. I doubt that they could do anything to me legally, but I guess that I'm looking for affirmation that I have a right to just up and leave. He is aware of my medical issues and if I end up in the hospital for any reason here in this country, I face financial ruin.
sid
Posts: 1392
Joined: Sat Dec 02, 2006 11:44 am

Re: Contracts

Post by sid »

First, let me say I am truly sorry for the situation you are facing. It is unfair for schools to blur the truth when they recruit, and I consider it particularly egregious to have led you to believe that you would have health insurance quickly. Every school faces challenges, but the better ones are honest about them so people can make informed decisions. I've interviewed plenty of people, and there have certainly been cases where, when I explained certain details (no pets in one school's housing, no recognition of a gay partner in a country, mandatory national retirement age, unable to travel for approx 6-8 weeks after arrival while visas are processed, etc), the applicant decided on the spot that it was a detail beyond what they could accept. End of interview. No hard feelings. Fair play. To other applicants, these things didn't matter. But we give people the information they need.

You've been treated unfairly. However, your question asks whether you have "a right to just up and leave". "Right" is a pretty strong word. From a legal point of view, it's dicey at best, and probably you do not. In point of fact, the contract is clear that health insurance will be delayed, so the school has not breeched the contract. Especially since you have known medical issues, you do bear some responsibility - when you saw that detail, in writing in your contract, you should have asked for more information before signing, rather than assume you knew the answer.

So what to do now? You probably do need to leave. I encourage you to be honest with the director, and do it today. He needs every available minute to arrange for a replacement. It is not fair to leave the school without any notice at all. (And the fact that the school was unfair to you, does not change that. You want to stay true to yourself, not sink to low levels.)

Not knowing what country or school you're in, it's hard to say what the school could do to make your departure difficult. If you're in a country that requires an exit visa (there aren't many), you won't be able to leave without the school's permission. Beyond that, you could find that you lose out on some pay or reimbursement of shipping, etc. They may expect you to repay recruiting, shipping and flight costs. But that may not be an issue if the new school is picking it up. Or you can chalk it up to the cost of moving to a better situation.

You are also likely to get a black x next to your name in the director's memory, and he may or may not share his thoughts with other school directors and recruiting agencies. This could make it harder for you to find your next position. You may be able to sweeten his mind if you stand up today and tell him you're leaving, you have to, no hard feelings but you cannot afford to be without insurance, you hope he can respect your decision, and what can you do to make things easier for your replacement? Etc. He just may understand and respect your position even as he is faced with the need to replace you. Or not. Some directors seem to believe you have to suck it up no matter what.

Have you been honest with the school you are going to? Do they know you are currently under contract to another school? They may or may not care, but if you haven't been honest, then you've lied in your application (even by omission counts), and that's grounds for dismissal at any point in the future when they need an excuse. If they're a particular straight-laced institution, they may fire you on the spot when your current school sends them a letter in two weeks. And/or garnish your pay to reimburse your current school for anything they claim you owe them. (Yes, it can happen. I've seen it.) Again, honesty can help you here. If you get your director to accept your resignation, you will no longer be under obligation to them, and you can inform your new school that while you were under contract, you are no longer.

Good luck. You're in a tight spot. There's a good chance it'll work out for you. Please navigate carefully and be honest. Tell your director today.
higgsboson
Posts: 150
Joined: Mon Jun 14, 2010 1:13 am

Re: Contracts

Post by higgsboson »

Don't listen to Sid - or listen but consider the source!
He's a lapdog for whatever owner happens to have him on a leash.

Sid said that "right" is a strong word. What nonsense. Of course you have the right to do whatever is in your best interest and if its your health and health related costs you are concerned with, I wouldn't give the school a second thought.
sid
Posts: 1392
Joined: Sat Dec 02, 2006 11:44 am

Re: Contracts

Post by sid »

I've never quite understood what higgs has against me, but whatever.
I've given the best advice I can, making it clear I feel the school was in the wrong to fudge the truth during recruitment, and advising of various potential pitfalls, which are very real. Does acknowledging their existence make me a lapdog? And do higgs' feelings towards me provide the OP with any better guidance on how to get through the next steps?
Good luck Apis.
Apis68
Posts: 10
Joined: Wed Apr 09, 2014 7:16 am

Re: Contracts

Post by Apis68 »

Don't worry, I'm pretty good at making my own judgments. From the experiences I've had at international schools, I am well aware that there are an inordinate number of schmucks in administrative positions at these schools. Not all, but there are a lot of them. That said, I do not feel that the leaders at this school are in any way bad people, despite their deception. They saw my experience and wanted me at their school - many of their teachers are quite new and/or do not have the abilities that they should. (I decided to take the position because I really wanted to live in this country and I liked the idea of again working with kids who were not privileged.) There are teachers who arrived, like me, in July, and when I asked them about their insurance they clearly had not given it a thought and it was not even on their radar. Perhaps they thought I would be like that. I wish I could. It's been a long time since that was possible.

I will have a conversation with the director today. Fortunately, I've had a teacher-in-training working with me in two of my classes since day one. Hopefully the director will not retain my pay that's due at the end of the month, but I wouldn't be surprised. In truth, I couldn't have given him much more notice. I am lucky to have secured the position I did this late in the season. The realities of the situation hit me fast and hard. And I need another round of prescriptions very soon. The whole thing is not pretty, but I really have no choice. I think that any reasonable person would agree.
Apis68
Posts: 10
Joined: Wed Apr 09, 2014 7:16 am

Re: Contracts

Post by Apis68 »

Oh, and yes I did go over my new contract with a fine-tooth comb with lots of questions about insurance. And I told my new school about my current situation and that I was leaving because of the insurance issue.

My current school was aware of my medical needs from the beginning. I even sent them drug information and asked if it was available in this country. They didn't know about all of my medical needs, but they at least knew that insurance was important.

In case I sound like an invalid, I'm not. Most would never know about my medical issues. As long as I'm taking my drugs, I'm fine.
sid
Posts: 1392
Joined: Sat Dec 02, 2006 11:44 am

Re: Contracts

Post by sid »

Sounds like you've got it covered. Good luck!
jstwatchin
Posts: 32
Joined: Sun Sep 02, 2012 4:27 pm

Re: Contracts

Post by jstwatchin »

I think I may be missing something here...

You state that the school may have already reached the limit of work visas they are allowed to issue for the year and you did not receive one of them. So how are you working at that school at all?
UnCloudy
Posts: 99
Joined: Fri May 30, 2014 7:47 pm

Re: Contracts

Post by UnCloudy »

Deleted. Best wishes!
Last edited by UnCloudy on Sun Jan 11, 2015 2:35 pm, edited 2 times in total.
Apis68
Posts: 10
Joined: Wed Apr 09, 2014 7:16 am

Re: Contracts

Post by Apis68 »

To jstwatchin: That's a good question. This is not a well-established school and those who run it are relatively new to the education field. In many ways they are just (boldly) winging it, I feel. That said, their intentions are really good. They're not out to make money and they are making the school accessible to many. I doubt that the government will care, however. I have many questions about the school that I don't feel I can either ask or get a clear answer to.
higgsboson
Posts: 150
Joined: Mon Jun 14, 2010 1:13 am

Re: Contracts

Post by higgsboson »

Uncloudy Said: Higgs confuses "options" with "rights"

I'm not confusing anything; you are. If I'm unhappy at my job, I quit - that's my absolute right. I may not have the option though; I may not have another job lined up but at any time, I have an absolute right to quit. How anyone can think otherwise in this day of "right to work" and "at will employment" is mind boggling.

And I don't a reason to quit. Boredom with a current post is reason enough for me. I get my money and I catch a plane to Bangkok and start looking for that next gig. Its my right.
lifeisnotsobad
Posts: 133
Joined: Tue May 13, 2008 3:37 pm

Re: Contracts

Post by lifeisnotsobad »

Anybody who has ever tracked any of Higgs Bottom's posts will know the only thing he confuses is "rights" from "wrongs".
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