Results 1 to 7 of 7

Hybrid View

  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Default 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.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default 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?

  3. #3
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Do I Have to Train My Replacement After My Discharge/Fired Date

    She said I would be paid hourly "as needed".

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default 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.

  5. #5
    Join Date
    Oct 2012
    Posts
    3

    Default 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?

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default 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.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Forced to Train India Replacement - Employer Stalling for Written Severence Request
    By Hairfarm in forum Employment and Labor
    Replies: 1
    Last Post: 03-12-2010, 09:45 PM
  2. Legal Permanent Residency: Replacement Green Card Has the Wrong Date of Birth
    By ehaque in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 01-06-2010, 05:59 PM
  3. Chapter 7: Trustee Sale Date After Bankruptcy Discharge
    By ar2000 in forum Bankruptcy Law
    Replies: 1
    Last Post: 07-07-2009, 09:01 AM
  4. Ride the Train
    By Betty3 in forum Banter
    Replies: 2
    Last Post: 10-23-2008, 04:20 PM
  5. Bankruptcy Issues: Experian Reporting Discharge Date
    By lolly214 in forum Bankruptcy Law
    Replies: 1
    Last Post: 09-14-2008, 10:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources