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Terminated, am I obligated to train new person?


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#1 keysgrrl01

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Posted 09 January 2013 - 12:50 PM

I was recently terminated due to elimination of my position and given a severance package. I was just told by someone still at the company that my former boss intends to delegate what I did to others and wants them to call me to ask how to do things and where things are. There is absolutely nothing in my severance agreement about me providing any training to remaining employees. I am in Indiana. Am I under any kind of legal obligation to answer questions from my former boss and co-workers, particularly when the questions refer to daily functions that the boss should already know?

#2 Guest_FindLaw_Amir_*

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Posted 09 January 2013 - 12:59 PM

Will you be getting paid for such services? You may want to visit the Employment Law Center as a good resource to learn more about your rights as an employee.

#3 keysgrrl01

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Posted 09 January 2013 - 01:06 PM

No, my former boss doesn't intend to pay me. He just told them they were taking on this or that and to call me to find out how I did it. I have no intention of answering any of the questions unless I am legally obligated either by federal law or Indiana law. Of course, I would be happy to help them out if they wanted to pay me as a consultant.

#4 Tax_Counsel

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Posted 09 January 2013 - 01:12 PM

Am I under any kind of legal obligation to answer questions from my former boss and co-workers, particularly when the questions refer to daily functions that the boss should already know?


No. If there is nothing in the severance contract in which you agreed to provide that help, you aren't obligated to help them. If you wanted to maintain good relations with the employer, that might be motivation to help them out a bit, but that's not a legal issue but instead a business decision you need to make as to what will best benefit you.

#5 keysgrrl01

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Posted 09 January 2013 - 01:16 PM

Thank you for your response. It is a relief to know that!

#6 LegalwriterOne

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Posted 09 January 2013 - 03:36 PM

Of course you're not legally obligated to offer any help BUT consider that it could effect any future reference this former employer may provide to any new potential employer....

#7 adjusterjack

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Posted 10 January 2013 - 09:22 AM

Thank you for your response. It is a relief to know that!


I agree. You have no obligation, legal or otherwise, to do that.

They fired your butt because it suited them to do so. You don't owe them squat.

If I were in your place I would politely advise my former employer that I'm not going to do that but would consider providing consultation services for an hourly fee with a written contract.

One way or another, you aren't likely to be contacted by anyone after that.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#8 keysgrrl01

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Posted 10 January 2013 - 10:09 AM

adjusterjack that's exactly what I plan to do. I have zero concern that telling them this might result in a bad reference or anything like that since it's written into my severance agreement that they can't say anything negative about me to anyone...period. I appreciate all the input. It has been quite helpful.

#9 Fallen

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Posted 10 January 2013 - 11:30 AM

Well, just keep in mind that they CAN say "[some]thing negative" but that you may have a legal remedy available if they do. (Contracts are made to be broken, as they say.) :)

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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