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I've notified my employer about my resignation, and it's been one month already, but they still haven't managed to hire an employee that fits my current position. I'm the only developer in this company and my current manager doesn't know how to develop websites (and thus not how to figure out if a potential employee will be able to do the job).

My problem is that they are asking me to interview the applicants that they think fits the position, even after I've left the company. I have asked for the times/dates for interview and what they would pay for the service. HR replied that if possible I'll just go in the company every time they want me to conduct an interview. As regards the salary, they can't guaranteed that it is paid.

Looking at the story I'm sure that it is not right! That's why I'm here to ask about what is the best thing to do in that situation?

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    @Cary What is still unclear about the question is the one month period you mention. What is the case, 1 or 2? --> 1) You are no longer officially employed at this moment 2) You are still in your resignation periode at this moment. – Jan Doggen Oct 24 '14 at 10:17
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    If this is the same employer that you referred to in this question: workplace.stackexchange.com/questions/33853/… then I strongly suggest you cut ties with them and do nothing more for them. This is an employer who has already broken the code of labor in your country. I would put good money on you never seeing any money from them for this additional work. – Dancrumb Oct 24 '14 at 14:17
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    Maybe imagine the complementary situation: If your former employer had terminated your contract, would you really expect him to afterwards come by now and then to help you to fill out application forms for a new job? For free? - Sounds ridiculous, doesn't it? – JimmyB Oct 24 '14 at 14:18
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    "I'll have to discuss with my next employer if I can do this at all. In any case, my daily rate as a contractor will be (twice what you make today per day before any taxes are paid). " – gnasher729 Oct 24 '14 at 15:17
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    And the word "demanding" in the title is interesting - what are they going to do if you refuse? Fire you? – Peteris Oct 24 '14 at 20:49
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My problem is that they are asking me to interview the applicants that they think fits the position, even after I've left the company.

That's why I'm here to ask about what is the best thing to do in that situation?

You are under absolutely no obligations to this company, since you are no longer employed there.

It's rather odd that they didn't seek your help during your 1-month notice period. And it's very odd that they expect you to help them for free now.

If you want to help them in their interviewing as a favor, then do so.

But if you don't want to help, just say no and be done with it. You don't need to give them an excuse or offer a reason why. If you want to be a bit more diplomatic, you could say something like:

Sorry, I'm concentrating on my new job now. I won't have time to help you interview your applicants. Good luck.

It's completely reasonable to be paid for your time. If you would want to help them only if paid to do so, then be direct. Something like:

I would be happy to help you out, but I think it's only fair that I be paid for my time. I'm sure you can understand that. If you are still interested, let's talk about what kind of compensation would be reasonable.

Make sure your agreement is in writing (write it up yourself and get them to sign it, if necessary).

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    +1 because the last two suggestions are concise. Other answers suggest dialogues that open up sloggish debates. In tricky conversations it's imporant to stick to "talking points". – user1084 Oct 25 '14 at 13:33
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    "It's rather odd that they didn't seek your help during your 1-month notice period. And it's very odd that they expect you to help them for free." I don't find either of those surprising. Sadly. :-) – T.J. Crowder Oct 25 '14 at 14:59
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    This is good advice. It is very common for employers in the Philippines to make all sorts of unreasonable demands: working at a call center there, my wife would often put in 15-hour days while being paid for 8. After a month of doing this 6 days a week, she got another job. Others weren't so lucky. The employer just called it "charity". Very common, unfortunately. – philipthegreat Oct 27 '14 at 15:02
  • WRT the second option in this answer, I think a comment on the question itself summed it up nicely (hat tip @JimmyB): if your former employer terminated your contract, would you really expect them to come by afterwards to help you to fill out application forms for a new job? For free? – Doktor J Mar 23 '17 at 14:47
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As regards the salary, they can't guaranteed that it is paid

Say no, they are trying to take advantage of you.

If they want you in agree a rate and minimum hours in writing BEFORE you go, if they cannot do that, you cannot appear, simple as that. I'd also ask for some really high rate so they don't agree anyway, unless you have hope of returning one day.

  • Comments are not for extended discussion; this conversation has been moved to chat. – enderland Oct 24 '14 at 19:44
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Remember that you do not owe your former employer anything, and that any help provided is done as a courtesy. Furthermore, the worst that could happen if you refuse is that you burn bridges with your former employer.

If you are willing to help out, clearly state your expectations:

  • The hours spent will be paid for x amount per hour. Possibly state a maximum amount of hours in this contract.
  • The work is limited to hiring your replacement. This could include training your replacement, but only if you really want to.
  • The timing of the interviews needs to be communicated beforehand, and the interview can only take place if you have no other obligations (work or personal).

Put these conditions in writing and let them sign it. If there is the first sign of them trying to back out, say that you will not be able to continue if your conditions are not met. You could get the advice of a lawyer to make the contract good from a legal perspective.

You are doing them a favor if you help; don't let them take advantage of you.

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    "the worst that could happen if you refuse is that you burn bridges with your former employer" -- in particular, if someone walks up to you in the street and says "help me move house or I won't be your friend", you burn that bridge (well, unless you've got nothing else on that day I suppose). Frankly, if a friend says that in those terms then you're probably better off burning the bridge, never mind an ex-employer. They seem think the bridge is worth more than it really is... – Steve Jessop Oct 24 '14 at 14:52
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    @SteveJessop if someone makes unreasonable demands - regardless if it's "help me move house or I won't be your friend" or the abovementioned situation with the employer - then it's them burning the bridge, and agreeing to such demands only makes things worse. – Peteris Oct 24 '14 at 20:39
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    This is so circuitous! If you need a lawyer to write up a one page contract with someone over something that could basically be handled with a check, you should not be doing business with that person! – user1084 Oct 25 '14 at 13:35
  • I agree with @djechlin. I actually had a similar situation with one of my former employees (wanted training on something that was essential for them, after they let me go). I wrote up a one page contract using a template found on the internet, hourly rate was $225/hour, and they used it, but limited wasting time because my rate was costly. – daaxix Oct 26 '14 at 18:00
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The first thing that jumps out at me is not how to manage the process of getting paid or how to limit the scope of the service provided. The biggest issue is that the company is basing their future success on asking a former employee with zero incentive for doing a good job, who they should hire.

If they don't pay you, they are running the risk you will pick a random person that appears to barely meet the standards. If they come up with five candidates and you interview them all, you are likely to pick one because you don't want to waste another day. You are unlikely to say: send me five more.

As an employee you don't want the company to fail; but you are no longer an employee. If they hire you as a service, you want to do a good job so they will contract with you again for their next hire.

This is the argument you should present to them.

  • It's not "if" you're going to give up on your current employer's baloney b.s. but "when". Going to their office to participate in the interviews is a logistical hardship. Do the math: one hour for being onsite and interviewing, maybe half an hour to prep for each interview - you gotta at least read the candidate's resume and cover letter, right? – Vietnhi Phuvan Oct 24 '14 at 13:53
  • This is why you tell them this story. If they insist on not compensating you, there is no way they are going to get a good effort. So the smart thing is for them to drop the request. – mhoran_psprep Oct 24 '14 at 14:07
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    Personally I'd never say "if you don't pay me I'll do a bad job" because it isn't true and sounds kind of like you're not entirely trustworthy. I'll either do a good job (subject to my ability) or I won't do it all. But in the abstract of course the argument works: employers motivate people by paying them, that's why they're called "employers" rather than "volunteer organisations". – Steve Jessop Oct 24 '14 at 14:58
  • Exactly this. The company sounds very foolish. I don't know how it is in the Philippines--are former employees expected to interview their replacements and are liable for their performance? If saying, "No" is not possible (for legal--and only legal reasons; "guilt" is not a good reason), then recommend the first person you get, get out and never look back. EVER. – BryanH Oct 24 '14 at 19:59
  • What? This seems like an unnecessary negotiation not to do something with someone with whom the relationship is already - or should be - bad. – user1084 Oct 25 '14 at 13:32
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An issue I don't see mentioned: Would this be a conflict of interest with your new (current by now?) employer? If you're still in the same field, I can think that many employers would not be happy that you were helping their competitors recruit/hire people.

4

You are looking at this the wrong way. It's not an obligation you must fulfill. It's an opportunity. There is some number between $1 and $1,000,000 per interview that would make this attractive to you. Offer to do it for that price. If they try to negotiate, just say "sorry, that's the price, take it or leave it." Since you don't trust them, do what other professionals do and demand a retainer before you will do any work at all.

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@CaryBondoc It's not "if" you're going to give up on your current employer's b.s. but "when".

Going to their office to participate in the interviews is a logistical hardship. Do the math: one hour for being onsite and interviewing, maybe half an hour to prep for each interview - you gotta at least read the candidate's resume and cover letter, right? Then at least 30 minutes each way to and from their office. That's a minimum of 2.5 hours out of your life for each interview, pal. It's one thing if they ask you to do the interviewing while you are on the job and a whole other ball of wax if they ask you after you're off the premises.

If I were you, I'd tell them:

(1) "I have to think about it" - you really do have to think about it because you are being offered a bad deal and you have to rake your brains to find a silver lining in it. I could tell you that you most probably won't find that silver lining but I don't want to be cruel. Or maybe did I just tell you without telling you? :) The other reason is that each day you put them off is one day closer to the day you're finally outta here :) And you want to look like you're spending time thinking about it anyway :)

(2) On the day where you have to announce your decision, tell them that spending a minimum of 2.5 hours out of what's left of your life span for each interview is a logistical hardship for you, and leave it at that. If they keep pushing at it, repeat that 2.5 to 3 hours for each interview is a logistical hardship for you. Don't elaborate. Don't make a 4-hour speech out of it. Don't argue or let yourself drawn into an argument. If you don't learn to turn a deaf ear to an employer's whining, whimpering, yelling, screaming, pleading for mercy or inflicting guilt trips on you, you'll never grow up - or at least, you will never grow into the sick adult that I am :) - You're saying "no" without saying "no" :) Either they feel strongly enough about it to offer to pay your for your time, or they don't. The ball is in their court.

  • ...and the pay needs to include the hardship of taking time from a regular gig, and not getting any benes. Like other freelance gigs, 2x your current rate + 15%. – BryanH Oct 24 '14 at 20:01
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One glaring issue for me is how are you protected through all of this?

If you were an employee and you recommended a certain candidate and they didn't work out and the company decided it was your fault, I guess they could fire you. But now you aren't employed by them, what consequences could come from this? Could you be found liable in anyway because of your recommendation?

If it were me, I'd only do this if I was on very good terms with the company and the good will could benefit me in the future. Otherwise I'd flat out say no as it seems to complicated to me.

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    What's weirder, is how are THEY protected? Imagine if he asked something like "You're not gay are you?" or even the seemingly benign (but still illegal), "How old are you?" or "You married? Have kids?" The company would be screwed with no recourse. – Chris E Oct 24 '14 at 15:09
  • as explained in comments, this is not the case of being on very good terms – gnat Oct 24 '14 at 15:10
  • +1 in particular, will they ask the exact same favor regarding the employee's training? – user1084 Oct 25 '14 at 13:30
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Look at the size of your previous employer. If they are small and want your help, you may help provided that they are paying your transport fee at least.

They might not ask you, if they were not having a good stand with you. So try to help. Don't calculate every minute for money, because every time this calculation will not work. The employer is explicitly saying that he will not pay - so see their situation. After all, they were your employers and need help from you, which seems little for me. Or if you have ended your job with much frustrations, you may opt not to go and work for them. Though, money is not equal to time.

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    did you check comments explaining that they were not having a good stand? – gnat Oct 24 '14 at 16:01
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    Working "for free" for someone else is a sucker's game. – BryanH Oct 24 '14 at 20:02

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