Help! Need urgent advice
Help! Need urgent advice
I was hired by a school in May via Skype for an administrative role. Upon arrival to the school, I've been told this position does not exist, but I can teach grade 2 instead. I don't have credentials to teach grade 2. I tried to negotiate to receive a professional allowance stipend for formal instruction/coursework on how to teach grade 2 and they refused. They're also refusing to reimburse me for the flights to get here, for the money I paid to obtain my visa, for nights spent in a hotel because the apartment they assigned me was inhospitable and for a return flight back to my home country. The US consulate will not get involved in contract disputes. What should I do? This is a nightmare come true.
Response
First take a brisk walk, breath a little, get something to drink and relax. You have internet access so things can not be all bad.
Second, check your safety. Do you have a visa, are you legally allowed/permitted to remain in the country? Do you have a place to put your property and do you have a place to sleep (even if it isn't the best)?
Those things taken care of moving on to your observations (for background):
1) Understand that the IS you are at and most ISs in general do not have regulations requiring that you be credentialed; accreditation, etc. is different from permissions and prohibitions.
2) Its year 2, and for the IS you are at no one cares. Youre an IT and have credentials in something and it is probably good enough for them and anyone else that matters.
3) Of course they refused any PD to qualify you to teach year 2, because for them its just control the classroom, keep the kids entertained and make it look like the kids are learning something. You could play games, do stories, all day and no one would care.
4) The consulate/embassy does not negotiate employment matters. Their influence is very limited, and they have no authority to compel an IS to do anything.
Third, did your IS contractually promise you an OSH package or is your issue that you want to leave and the IS isn't going to pay for anything (because well you want to leave)?
In the first instance, adding that they essentially scammed you with a leadership position, and if they are now refusing to provide you any of the OSH package, what would you have to benefit by staying? It will only get worse for you.
In the second case, where you want to leave, and have the IS pay the bill, thats not realistic. Why would they pay coin that gets them nothing. You are either going to stay and report to your classroom and do what they tell you to do or your going to leave.
Fourth, what are your options? Do you have a visa that allows you to stay in country and work? Are you in a major capital city that you could find work, even if it is in ESOL? Do you have the financial resources to stay for a couple months? If the answer is yes to both and you want to stay then you stay and start looking for employment and housing. If the answer to those questions is no or you dont want to stay then find a cheap place to stay, and look for an airline ticket home. Write a review on the ISR evaluation site.
Fifth, The ONLY way you will get any coin out of the IS is:
1) Stay and teach year 2 until you find something better.
2) Pursue whatever labor options are available to you, union, labor commission, or the courts.
If you have literally no way back, you can return to the consulate, they will loan you enough coin for a hotel, and fly you back to the US. You will have to surrender your passport, and will not be able to receive it again until you pay the USG back for the repatriation costs.
Reply with which direction you wish to proceed, and the contributors can offer more detailed advice.
Second, check your safety. Do you have a visa, are you legally allowed/permitted to remain in the country? Do you have a place to put your property and do you have a place to sleep (even if it isn't the best)?
Those things taken care of moving on to your observations (for background):
1) Understand that the IS you are at and most ISs in general do not have regulations requiring that you be credentialed; accreditation, etc. is different from permissions and prohibitions.
2) Its year 2, and for the IS you are at no one cares. Youre an IT and have credentials in something and it is probably good enough for them and anyone else that matters.
3) Of course they refused any PD to qualify you to teach year 2, because for them its just control the classroom, keep the kids entertained and make it look like the kids are learning something. You could play games, do stories, all day and no one would care.
4) The consulate/embassy does not negotiate employment matters. Their influence is very limited, and they have no authority to compel an IS to do anything.
Third, did your IS contractually promise you an OSH package or is your issue that you want to leave and the IS isn't going to pay for anything (because well you want to leave)?
In the first instance, adding that they essentially scammed you with a leadership position, and if they are now refusing to provide you any of the OSH package, what would you have to benefit by staying? It will only get worse for you.
In the second case, where you want to leave, and have the IS pay the bill, thats not realistic. Why would they pay coin that gets them nothing. You are either going to stay and report to your classroom and do what they tell you to do or your going to leave.
Fourth, what are your options? Do you have a visa that allows you to stay in country and work? Are you in a major capital city that you could find work, even if it is in ESOL? Do you have the financial resources to stay for a couple months? If the answer is yes to both and you want to stay then you stay and start looking for employment and housing. If the answer to those questions is no or you dont want to stay then find a cheap place to stay, and look for an airline ticket home. Write a review on the ISR evaluation site.
Fifth, The ONLY way you will get any coin out of the IS is:
1) Stay and teach year 2 until you find something better.
2) Pursue whatever labor options are available to you, union, labor commission, or the courts.
If you have literally no way back, you can return to the consulate, they will loan you enough coin for a hotel, and fly you back to the US. You will have to surrender your passport, and will not be able to receive it again until you pay the USG back for the repatriation costs.
Reply with which direction you wish to proceed, and the contributors can offer more detailed advice.
Re: Help! Need urgent advice
Hi Psyguy,
Thank you for your reply. I really appreciate it!
I'm on a tourist visa. I'm in the apartment paid by the school.
The contract that I signed (and is not being honored) details OSH package benefits that they are now denying me, I.e. Contract says that school will put me up in a hotel while housing is secured, but they went ahead and finalized housing that was inhospitable and without ever consulting with me and now don't want to pay for five nights in a hotel.
I did my part. I showed up to perform the role I signed a contract for. That job that doesn't exist. If I'm not needed, so be it, but then I should be sent back on the next flight out.
I cannot legally stay here and while there might be ESOL work here, I'm at a different point in my career.
I spoke with the Consulate earlier. They didn't mention what you're describing, but I hope that what you're saying is true.
Thank you again for your reply and advice.
Thank you for your reply. I really appreciate it!
I'm on a tourist visa. I'm in the apartment paid by the school.
The contract that I signed (and is not being honored) details OSH package benefits that they are now denying me, I.e. Contract says that school will put me up in a hotel while housing is secured, but they went ahead and finalized housing that was inhospitable and without ever consulting with me and now don't want to pay for five nights in a hotel.
I did my part. I showed up to perform the role I signed a contract for. That job that doesn't exist. If I'm not needed, so be it, but then I should be sent back on the next flight out.
I cannot legally stay here and while there might be ESOL work here, I'm at a different point in my career.
I spoke with the Consulate earlier. They didn't mention what you're describing, but I hope that what you're saying is true.
Thank you again for your reply and advice.
Reply
@smile2017
The housing issue is a quagmire that isnt really relevant. Youre living in the apartment, you claim its inhospitable. From the ISs position they might have moved significant challenges so that you could move into your apartment on arrival. Few ISs would consult with you about it, what is there to consult with you about. Its not like there is an option, if the apartment is ready, thats where your moving into, not a hotel. Its not like there is a choice for you to approve or not.
Thats the thing, you are needed, to teach year 2. The position in leadership likely never existed in a tangible form. I can understand your feelings, they have been dishonest and now are putting you under great financial burden, but thats IE. ISs arent going to pay coin for RT airfare, hotel, etc. if your going to leave, there just isnt anything in it for them. You state that they "should" repatriate you but is there anything in the contract that stipulates that? Im reasonably sure that there are exit clauses in the contract that permit the IS to give you nothing and send you on your way if you want to leave.
It is called emergency financial assistance. You must exhaust all other available remedies. The consulate will require you to complete an application and provide family and friend references who they will contact and ask if you can provide them financial resources to fly you back. They will also ask you to disclose any credit and bank accounts that may have sufficient balances or funds to provide you a ticket to the US. If all other sources fail, then yes you can receive a repayable loan for the flight, housing, food, and incidentals.
However, if you have such few resources, what are you going to do upon returning to the US? Do you have a place to live back in the US, a job?
The housing issue is a quagmire that isnt really relevant. Youre living in the apartment, you claim its inhospitable. From the ISs position they might have moved significant challenges so that you could move into your apartment on arrival. Few ISs would consult with you about it, what is there to consult with you about. Its not like there is an option, if the apartment is ready, thats where your moving into, not a hotel. Its not like there is a choice for you to approve or not.
Thats the thing, you are needed, to teach year 2. The position in leadership likely never existed in a tangible form. I can understand your feelings, they have been dishonest and now are putting you under great financial burden, but thats IE. ISs arent going to pay coin for RT airfare, hotel, etc. if your going to leave, there just isnt anything in it for them. You state that they "should" repatriate you but is there anything in the contract that stipulates that? Im reasonably sure that there are exit clauses in the contract that permit the IS to give you nothing and send you on your way if you want to leave.
It is called emergency financial assistance. You must exhaust all other available remedies. The consulate will require you to complete an application and provide family and friend references who they will contact and ask if you can provide them financial resources to fly you back. They will also ask you to disclose any credit and bank accounts that may have sufficient balances or funds to provide you a ticket to the US. If all other sources fail, then yes you can receive a repayable loan for the flight, housing, food, and incidentals.
However, if you have such few resources, what are you going to do upon returning to the US? Do you have a place to live back in the US, a job?
Re: Help! Need urgent advice
Do you like the country?
Why not try to teach grade 2, get some very different experience doing that, and see how you like it?
You may be pleasantly surprised.
Have you talked with the other elementary teachers and other teachers in other grades? See what they think of the school/area/country.
It's still only early August.
Have you attended any meetings at school? What is your gut feeling about whether you could stay and teach grade 2?
Get past your very justified anger and feelings of betrayal and see if you can, through your own drive and sheer will and intelligence and optimism, turn this situation into a positive one for you.
I almost left my first international job after 24 hours, but, I waited a bit and enjoyed a fantastic 7 years.
Good luck and I hope it works out for you.
Why not try to teach grade 2, get some very different experience doing that, and see how you like it?
You may be pleasantly surprised.
Have you talked with the other elementary teachers and other teachers in other grades? See what they think of the school/area/country.
It's still only early August.
Have you attended any meetings at school? What is your gut feeling about whether you could stay and teach grade 2?
Get past your very justified anger and feelings of betrayal and see if you can, through your own drive and sheer will and intelligence and optimism, turn this situation into a positive one for you.
I almost left my first international job after 24 hours, but, I waited a bit and enjoyed a fantastic 7 years.
Good luck and I hope it works out for you.
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Thames Pirate
- Posts: 1150
- Joined: Fri Jul 05, 2013 8:06 am
Re: Help! Need urgent advice
I agree on most points--if you like the location and can live with teaching grade 2, give it a go and expand your resume. Keep in mind, however, that the school already has a history of shady dealings and that you may need to leave soon. Your visa may be part of that decision, obviously, but if this is a legitimate offer at a real school, it might be worth the frustration.
If you have an option to either return home or take a better offer elsewhere, consider doing that even if there is a financial cost. If the school can't honor something as basic as flight reimbursement, I wouldn't feel too badly about pulling a runner (something I generally don't advocate!) and finding a better offer. Especially since without a visa, you can't do much anyway. Get as much as you can out of the location, but I would get in touch with any of your placement agencies and immediately begin an active search. Don't rule out jobs with IB, for example, for this year.
Your instinct should inform which path you pursue. Trust your gut.
If you have an option to either return home or take a better offer elsewhere, consider doing that even if there is a financial cost. If the school can't honor something as basic as flight reimbursement, I wouldn't feel too badly about pulling a runner (something I generally don't advocate!) and finding a better offer. Especially since without a visa, you can't do much anyway. Get as much as you can out of the location, but I would get in touch with any of your placement agencies and immediately begin an active search. Don't rule out jobs with IB, for example, for this year.
Your instinct should inform which path you pursue. Trust your gut.
Re: Help! Need urgent advice
A big thank you to everyone who offered advice.
It's not just the position that's different.
They're now axing an administrative bonus I was entitled to, lowering my salary and lowering my housing allowance.
Yet still refusing to refund my flight here, cost of hotel, cost of visa and pay for a flight out of here.
This nightmare has cost me thousands of dollars while they just sit back and let me absorb the entire cost of their dishonesty and mistakes.
Not sure what I can do to force them to reimburse me and pay for a flight out of here since they breached the contract.
It's not just the position that's different.
They're now axing an administrative bonus I was entitled to, lowering my salary and lowering my housing allowance.
Yet still refusing to refund my flight here, cost of hotel, cost of visa and pay for a flight out of here.
This nightmare has cost me thousands of dollars while they just sit back and let me absorb the entire cost of their dishonesty and mistakes.
Not sure what I can do to force them to reimburse me and pay for a flight out of here since they breached the contract.
Re: Help! Need urgent advice
Have you consulted a local lawyer? It may or may not help, but you could try.
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Thames Pirate
- Posts: 1150
- Joined: Fri Jul 05, 2013 8:06 am
Re: Help! Need urgent advice
Time to cut and run. Get out before it costs you even more. Get your ducks in a row now, and the moment your next check clears, get out.
Be sure to post a review.
Be sure to post a review.
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Amusing User Name
- Posts: 29
- Joined: Tue Jun 21, 2016 3:27 pm
Re: Help! Need urgent advice
They mugged you off, no question, mate. Not that sympathy from the internet is going to mean much in your situation.
I'm not a hiring manager. If I was, though, I would be impressed by someone who a year later, could show me the dishonoured contract, and a glowing reference.
Don't get bitter, get better.
I'm not a hiring manager. If I was, though, I would be impressed by someone who a year later, could show me the dishonoured contract, and a glowing reference.
Don't get bitter, get better.
Re: Help! Need urgent advice
This new information changes the game. If it is that bad, leave now when it is early.
Then ABSOLUTELY NAME THAT SCHOOL ON THIS SITE including the people who are cheating you.
Then ABSOLUTELY NAME THAT SCHOOL ON THIS SITE including the people who are cheating you.
Re: Help! Need urgent advice
The school has already proven dishonest and misleading. There are likely to be further incidents. I would cut my losses and leave fast. There are still immediate vacancy jobs out there - look on TIE and Teacher Horizons or Joy Jobs. Before going, talk to a local lawyer or get your first-month pay cheque. Let us know how it ends.
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Helen Back
- Posts: 242
- Joined: Fri Dec 28, 2012 4:16 pm
Re: Help! Need urgent advice
Also check the TES jobs page.
Re: Help! Need urgent advice
I would go. It can be hard, but assuming best intent, if a school had changed it's plans and changed the job offer, any decent school would honor parts of your contract for at least the first year...bonus, housing, etc. It would be an admission on the part of the school that the change is hard on you, the employee, but that they'll make that transition work for you. This school sounds like their first line is "screw you" and if they will do that coming in, they have no reason to do anything differently for the rest of your contract. At this point, figure out what protects you and do it.
Reply
@smile2017
They have offered you a primary year 2 IT appointment, there is no leadership position, why would you be entitled to a leadership supplement?
They arent going to give you anything to leave, why would they, theres nothing in it for them.
You dont have any recourse, you are on a tourist visa. Unless you are in the EU and the WE you probably dont have a legal position that will force them to do anything.
I would strongly suggest executing your exit plan, their attitude and position is unlikely to change and their disposition towards you is not going to get better.
@Sid
What would consulting an attorney accomplish? The LW is working illegally on a tourist visa, and unless they can afford a protracted legal claim on their own coin, they dont have much of a legal position.
They have offered you a primary year 2 IT appointment, there is no leadership position, why would you be entitled to a leadership supplement?
They arent going to give you anything to leave, why would they, theres nothing in it for them.
You dont have any recourse, you are on a tourist visa. Unless you are in the EU and the WE you probably dont have a legal position that will force them to do anything.
I would strongly suggest executing your exit plan, their attitude and position is unlikely to change and their disposition towards you is not going to get better.
@Sid
What would consulting an attorney accomplish? The LW is working illegally on a tourist visa, and unless they can afford a protracted legal claim on their own coin, they dont have much of a legal position.