Question about Constructive Discharge and Management changing time-card info to avoid overtime payment

질문자: parkpro  |  등록일: 11.04.2019 12:33:58  |  조회수: 2306
Good afternoon,

I have couple of questions regarding a constructive discharge and also management changing time-card information to possible avoid paying overtime.

The case is that one of the upper manager is making my wife's work unbearable and she is very stressed at the moment. She loves the work and she gets along very well with the rest of the co-workers.
I feel that the specific individual (or upper management) is making it purposely so my wife willingly leaves the work. (I personally experienced it in several Korean companies).

Also, Not sure if it is for the entire company, but in her branch, the management asks the employees to clock out as soon as the doors are closed and THEN organize the rest and leave. The problem is that sometimes customers comes at last-minute right before closing so it is impossible to have everything ready to leave on time.
If staffs do what management ask, basically they are working at least 15-20 mins each day without pay (in which will be considered overtime)

I would like to know if there is anything my wife can do to report this to the corresponding department to make it right not just for her but for the rest of the employees in the branch and possible other branches as well. Thank you for your time
  • 이원석 변호사
    11.05.2019 10:37:00  

    In order to make any claims of constructive discharge, you need to have sufficient evidence to support your claim. It will be an uphill battle.

    As to the overtime issue, it appears that the company is trying to avoid paying the overtime. Your wife can file a complaint with the Department of Labor.

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