Van Nuys, CA asked in Employment Law for California

Q: If I tell my boss that I am no longer willing to work until she finds my replacement, does that mean that I am quitting?

Hello! My boss told me that they are letting me go and she will be searching for my replacement. She then asked me if I am willing to work until she finds a replacement. I agreed. However, the reason she is letting me go is because I have no feasible mode of transportation to commute to work this week and the next. She said I need to be in the office during these two weeks. Since I told her I am unable to, she said that I will no longer be able to work there. My question is: If I tell her that I am no longer willing to work until she finds my replacement, does that entail that I am quitting?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Sure it does. If you refuse to work when the employer wants you there, and you say you cannot and will not be able to be there, you are essentially quitting. Your employer has no legal duty to accommodate your transportation schedule.

I could see an argument that you are being terminated as opposed to quitting, but it is really no difference between the two under these circumstances.

Good luck to you.

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