Forced to Train India Replacement - Employer Stalling for Written Severence Request

[Hairfarm]

What is the name of your state (only U.S. law)? California

Greetings,

Maybe I'm just paranoid, but:

I am currently employed, but I'm being forced to train my own replacement in India over the next 5 weeks. I’ve asked my employer to give me my termination date and bonus package in writing, but she’s stalling. Meanwhile they have offered me another job in the company but it’s WAAYY over my head. I don't even want the horrid job. I have zero skills for this other position. And it has nothing to do with my current job that I’ve been trained in. I think they want me to accept this impossible new position so that when I inevitably fail, they can fire me so that I can’t get my bonus, unemployment, or severance pay that they promised verbally.

Please help, I will not accept this new position only to fail. I cannot do it anyway. If they are terminating my present job, can I still leave after training my future India replacement and still get unemployment?? Am I forced to take this other job that they're offering. I am terribly worried about this. What are my rights?

This whole situation is demeaning, forced to train my own replacement to India.

Any suggestions?

 

[CourtClerk]

What gives you the impression that you are entitled to a severance package?

 

[swalsh411]

Your understanding of unemployment insurance rules is somewhat lacking. In fact, you've got it backwards. If you take the position offered, try your best, but are not successful and they fire you, you should be eligible for benefits. On the other hand if you turn down the job, you will almost surely be disqualified when your claim is investigated.

edit: Instead of having a bad attitude about it, you should be grateful. The majority of employees who have to train their overseas replacements are not so lucky.

 

[cyjeff]

Look at the plus side.

You posted your real name.

Now your boss has a real reason to fire you.

maybe, just maybe, your boss thinks you CAN do the new job. Challenge is a good thing.

Unless this new position requires some license or degree that you don't have (a medical license, for instance), I would give her a run.

right after I remove my name from that post.

 

[commentator]

Right on. Accept the new job, with reservations. In other words, ask them clearly if they understand that you have no training or expertise in doing what the new job involves, write down and keep up with what their response is, and then show up for the new job. Try your best. Don't become discouraged and quit. Don't let them talk you into quitting "to save your reference" or because it would look better than being fired. Don't let your stupid ego push you in to "I won't accept this new job, only to fail!" That sounds noble, but is self defeating. Perhaps it will turn out to be something you're great at. If not, it still gives you a bit more time with income to be looking for other jobs. It will unquestionably pay more than unemployment benefits, even if you are approved for them.

Remind the company frequently that you are doing your best to learn this new job. Then let the chips fall as they will. If they terminate you for job performance, it will be very possible to receive unemployment insurance, as the unemployment law in most states under most circumstances doesn't consider this misconduct, as long as you did your very best to do the job.

Severance? They don't have to give you severance in any circumstance. If you refuse the new job, I suspect they will not give you severance, and then when you file for your unemployment, there will be an issue of your having refused to accept the other position they've offered you, which very well may keep you from drawing benefits.