Wrongful Termination

Question

I'm an American citizen working in Korea. I was terminated for performance reasons even though I've only received good reviews. I believe the company realized it could not terminate me for performance, and is now trying to transfer me to their office in the United States. They gave me 19 days to move. They did not consult me about the transfer. I have two children who are in school in Korea and are in the middle of their school year. My wife is not American and cannot live in the US for long-term. We do no have connections to the US as we have made a life here. I don't believe the transfer is legitimate or done in good faith since they first tried to terminate me. I believe the transfer is to remove me from the protection of Korean employment law and to terminate more easily in the US. Can I ignore the transfer order? I live in corporate housing as the company signed the contract with the landlord. Can they terminate me on the day I refuse to transfer and then evict me from this house?

서아람 변호사 · Answer

American citizen working in Korea is protected by the Labor Standards law. 
Due to korean law, an employer has discretionary power over personnel appointments, for better management and work achievement.
However, if that particular employee will be severly damaged because of the appointments, it can be 'unjust personnel appointments'.
In this case, there are much possibilities that this transfer to US be analyzed as unjust act. 
You can reqest for remedy to the Central Labor Relations Committee. 
If you need lawyer's help who's specialized at labor law, don't hesitate to call.  We are capable of phone counseling in English if you need.