Angry Employer

[MisterAlien]

After more than two years working at my school, I attempted giving written notice prior to leaving, but my employer got angry and decided to terminate me today instead. She first told me that she wouldn't "cancel" my Visa until Monday (the first working day I wasn't working) to allow me to take care of my 8 month pregnant wife over the weekend.

She called me a couple hours after she sent me home yelling about how she just learned that a former employee of her's introduced me to the new school and how that's somehow "unfair" to her. She ended her verbal manifesto with the sentence "I cancel your Visa today".

I became worried and was confused about what i have to do since my work-permit isn't finished yet and I only have the initial 3-month non-immigrant B visa. So I went to the Immigration office on Sathorn. I first talked to the woman at the infomation desk. I told her about my situation, she looked at my passport and told me that I don't have to leave Thailand if I have a new employer already. I asked about my employer's threat and she said to talk with the officers at counter one.

I talked to the officers at counter one who told me that i would have to leave Thailand to get a new Visa for my new employers. So I went back to the infomation counter and told her what counter one said. She disagreed and told me to talk with the officer in room 203 upstairs. So I talked to the offcer in room 203 who told me that since I don't have a work permit, I don't need a stamp or special permission to leave thailand. Also they reassured me that my employer cannot call immigration and "cancel" this 3-month visa. The officer told me that my employer has the power to cancel my work-permit by issuing a letter to me that i must take to immigration department, which would cause my Visa to expire after seven days... but I can legally stay in thailand untill my current Visa expires.

So i asked one question to three different people and got three different answers. I've heard from teachers that I'd have seven days to leave the country, or as little as 24 hours!! So I'm pretty confused.

Does anyone have any info or advise?

[lopburi3]

You have a 90 day visa stay and can use the full 90 days. Only if you were on an extension of stay from Immigration office on the basis of employment would you have to immediately leave (although you could easily obtain a 7 day extension of stay even then).

You can also use your present visa entry to apply for a new work permit if you have time.

[digitalchromakey]

After more than two years working at my school, I attempted giving written notice prior to leaving, but my employer got angry and decided to terminate me today instead. She first told me that she wouldn't "cancel" my Visa until Monday (the first working day I wasn't working) to allow me to take care of my 8 month pregnant wife over the weekend.

She called me a couple hours after she sent me home yelling about how she just learned that a former employee of her's introduced me to the new school and how that's somehow "unfair" to her. She ended her verbal manifesto with the sentence "I cancel your Visa today".

I became worried and was confused about what i have to do since my work-permit isn't finished yet and I only have the initial 3-month non-immigrant B visa. So I went to the Immigration office on Sathorn. I first talked to the woman at the infomation desk. I told her about my situation, she looked at my passport and told me that I don't have to leave Thailand if I have a new employer already. I asked about my employer's threat and she said to talk with the officers at counter one.

I talked to the officers at counter one who told me that i would have to leave Thailand to get a new Visa for my new employers. So I went back to the infomation counter and told her what counter one said. She disagreed and told me to talk with the officer in room 203 upstairs. So I talked to the offcer in room 203 who told me that since I don't have a work permit, I don't need a stamp or special permission to leave thailand. Also they reassured me that my employer cannot call immigration and "cancel" this 3-month visa. The officer told me that my employer has the power to cancel my work-permit by issuing a letter to me that i must take to immigration department, which would cause my Visa to expire after seven days... but I can legally stay in thailand untill my current Visa expires.

So i asked one question to three different people and got three different answers. I've heard from teachers that I'd have seven days to leave the country, or as little as 24 hours!! So I'm pretty confused.

Does anyone have any info or advise?

First you state that you had been at the school for over two years and that you hold a work permit.

Then you say that you 'only have your initial three month visa'.

By this do you mean the visa you got when you first started at the school two years ago?

If this is the case you are now on a visa extension and you must work out a plan a.s.a.p to get a new visa.

As Lopburi stated you can apply for a seven day extension to give you time to sort visa issues out with your new employer and/or do a visa run to a neighbouring country to secure a new non immigrant visa.

If you are on a 90 day stay based on a border entry to Thailand within the last three months, then you have up untill your permitted to stay until date to leave Thailand to get a new visa.

Your work permit must also be cancelled a.s.a.p and a new one applied for.

[lopburi3]

I was keying on the first 90 day entry statement but when combined with a 2 year stay it seems the poster most likely has a one year extension of stay even if he is not aware of it and in that case the extension of stay ends with the end of employment. He should receive a paper from employer that he presents to immigration to void his extension of stay and at that point can pay for a 7 day extension for pack out. Any delay will be overstay at 500 baht per day charge.

[TerryLH]

What reason did they give when they fired you?

If it's not covered as an acceptable reason in the Labor Act, they might owe you severance pay.

If you can get them to give you the reason in writing, they can't add other things later to save themselves from having to pay the severance money.

If they accept your resignation, no money would be due you.

[teacherAlien]

What reason did they give when they fired you?

If it's not covered as an acceptable reason in the Labor Act, they might owe you severance pay.

If you can get them to give you the reason in writing, they can't add other things later to save themselves from having to pay the severance money.

If they accept your resignation, no money would be due you.

To answer all the questions I see in your replies:

I visited home during "summer break", came back to Thailand and got only the first three-month non-immigrant B visa while applying for a new work permit. My work permit wasn't "finished" at the MOE so I never got the official (extended) one-year work Visa. If I had, my employer would have the power to cancel my work permit which would cause it's corresponding (one year) work visa to expire also. The officers at Immigration all told me that I could stay until the date specified in my current Visa.

The reason I was terminated: Because I submitted written notice in advance (as requested), I broke our agreement in the contract by not finishing the semester (the whole year technically), and therefore the owner decided she has the right to do whatever she wants and fired me immediately.

On top of firing me early, she called my new employers trying to prevent me from getting my new job, called her former-employers wife (who introduced me to the new school) and harassed her also, threatening to "make problems" for her husband at immigration, and attempted to "cancel" my visa. What a pleasent person eh?.. all I did to her was give a polite, professional written notice in advance.

I'm guessing there's a possiblility that I'm entiteled to severence pay since the date I specified I would leave in the future is a different matter than the day she decided to terminate me. My co-workers reccomended that I make a formal complaint at the Ministry of Labor since there are so many other obvious labor-law violations going on there as well.

Honestly, I'm just glad to be finished dealing with this person and thankful that she couldn't successfully harm me.

[ukrules]

I really think you should name and shame this school, maybe on an ajarn forum. Then when lots of people have commented on what a witch she is send her a link to the topic.