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Do I Have to Train My Replacement After My Discharge Date

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  • 10-29-2012, 09:31 PM
    JadeFlower
    Do I Have to Train My Replacement After My Discharge Date
    My question involves labor and employment law for the state of: California

    Hello,

    At the beginning of the month my employer told me that “things aren’t working out” and that she is going to extend my probation period (I’ve been there 90 days). She told me that I was excellent in everything except I made typos occasionally. The following week she told me that she was looking for a replacement and she would pay me till the end of the pay period which is October 31. She never officially said I was fired or discharge, I’m just assuming it because she started interviewing people. Today, she told me she found a replacement and I would have to train her on Thursday and Friday to do billing (we usually do bills at the beginning of the month). However, I did not anticipate working after the 31st since she told me I was only being paid up to the end of the pay period. Do I have to train this person? Would it be considered a “quit” if I didn’t show up on the 1st? Am I still eligible for unemployment under these circumstances? Also, I have sick and vacation time; will I forfeit this if I do not show up for work on 1st? Can I use my sick time for the remaining time I am there? I wasn’t given an employee manual and not sure if one even exists. Any insight would be greatly appreciated, I’m so confused.
  • 10-29-2012, 09:34 PM
    LawResearcherMissy
    Re: Do I Have to Train My Replacement After My Discharge/Fired Date
    When you asked your boss about being paid for working past the 31st, what did she say?
  • 10-29-2012, 09:38 PM
    JadeFlower
    Re: Do I Have to Train My Replacement After My Discharge/Fired Date
    She said I would be paid hourly "as needed".
  • 10-29-2012, 09:51 PM
    LawResearcherMissy
    Re: Do I Have to Train My Replacement After My Discharge/Fired Date
    Then you'll be paid for working any days past the 31st, and if you fail to show up, you will endanger your UI eligibility.

    As far as your vacation pay, that must be paid out regardless, it's considered earned as a wage. Your sick time, however, is forfeit.
  • 10-29-2012, 10:06 PM
    JadeFlower
    Re: Do I Have to Train My Replacement After My Discharge/Fired Date
    I'm just not understanding my employment status after the 31st. Am I an employee with benefits or am I a independent contractor since she said she was only willing to pay my wages until the 31st? So does that mean I'm discharged after the 31st but can come back on a hourly basis as needed? What if I didn't want to train the employee after my discharge date, is that consider quitting?
  • 10-30-2012, 12:21 AM
    Disagreeable
    Re: Do I Have to Train My Replacement After My Discharge Date
    It appears your status will be part-time. If you do not get much work, while you seek a new job, explore filing for UI based on your lower wages.
  • 10-30-2012, 05:25 AM
    eerelations
    Re: Do I Have to Train My Replacement After My Discharge/Fired Date
    You should be an employee after the 31st, probably without benefits. If she classifies you as an IC after the 31st, she is probably breaking the law.

    As another responder has already advised you, if you refuse to work after the 31st, you jeopardize your entitlement to UI benefits.
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