Can You Get Fired for Looking for Another Job?

Firing an employee for looking for another job is legal under California Labor Code § 2922. Employees in California are employed on an “at-will” which means the employee or employer can terminate the working relationship at any time for any reason.

Author: Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Though it may seem harsh, most workers in the United States may be fired for any reason. This is because the majority are at-will employees. In this situation, an employer can terminate employment for any reason, even without notice.

Example: Kristina hates her job at Skechers. One day at work, in between ringing up customers, she scrolls through Indeed on her phone to find a new job. Kristina’s manager discovers her applying to a job at Nike and fires her on the spot. As she tearfully packs up her things, Kristina wonders whether it was fair for her manager to fire her for job hunting on the clock. Kristina’s employer is well within his or her rights to fire Kristina.

Does Termination for Job Searching Qualify as Discrimination?

Under the U.S. Equal Employment Opportunity Commission, it is illegal for an employer to fire an employee for the following reasons:

  • Age
  • Disability
  • Harassment
  • National Origin
  • Race
  • Religion
  • Sex
  • Sexual Orientation
  • Pregnancy

Firing an employee for job searching on the clock, therefore, does not qualify as discriminatory termination.

If, however, there is specific language in one’s employment contract regarding necessary conditions for firing, it is possible for one to appeal termination.

How Can an Employee Safely Search for a New Job?

To avoid the threat of termination, an employee in want of a new job should proceed with caution. Following these steps can help protect an employee from termination:

  • You should not make your resume visible online in case your current employer discovers it
  • You should not use company technology to job search because your company might monitor computer usage
  • You should use your personal phone number and email address
  • You should ask the hiring manager not to contact your current employer until an offer is made
  • You should job search after hours, not on the clock
  • You should take a personal day to do interviews, or schedule them before or after work

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Know your rights when you experience sexual harassment in the workplace

Know Your Rights When You Experience Sexual Harassment In The Workplace

California workplace sexual harassment laws protect employees and outline rights, reporting steps, employer duties, and available legal remedies. This article explains harassment types, complaint options, retaliation rules, compensation, and recent arbitration law changes affecting California workers.

How do I know if I am exempt from overtime pay?

Check if you qualify for California overtime pay in 2026, including daily, weekly, and seventh-day rules. See exemption tests, salary thresholds, union contract exceptions, and steps to recover unpaid wages with penalties and filing deadlines.

Working Off the Clock: California Law

Working off the clock in California can trigger back pay, overtime, and penalties when employees work unpaid hours you knew about. Get examples, warning signs, and practical steps to prevent payroll issues, burnout, and costly wage claims.
Retaliation in the Workplace in California - What It Means and How It Works

Retaliation in the Workplace in California: What It Means and How It Works

Workplace retaliation in California can include firing, reduced hours, demotions, write-ups, or isolation after reporting harassment, discrimination, or safety issues. See what counts as retaliation, what doesn’t, and how to document patterns, preserve evidence, and build a timeline supporting a claim.
Is Automatic Gratuity Legal in California in 2025

Is Automatic Gratuity Legal in California in 2025?

Automatic gratuity remains legal in California in 2025, but restaurants must follow strict disclosure, payroll, and tax handling rules. This guide explains service charge requirements, IRS treatment, staff training, and practical compliance steps for restaurant owners.
How Makeup Time Works in California and When It Can Be Used

How Makeup Time Works in California and When It Can Be Used

California makeup time lets employees shift weekly hours without overtime when requests are written and limits stay within Labor Code rules. This article explains eligibility, daily and weekly caps, alternative workweeks, and employer restrictions that affect payroll compliance.
Vacation Pay in California - Rules on Accrual, Caps, and Payouts

Vacation Pay in California: Rules on Accrual, Caps, and Payouts

Get a practical overview of California vacation pay rules, including accrual methods, lawful caps, and payout obligations for departing employees. Help your company avoid wage claims by setting compliant vacation policies, tracking balances accurately, and paying unused time on separation.
Personnel File Request California - Employee Rights and Employer Duties

Personnel File Request California: Employee Rights and Employer Duties

Get a practical overview of California personnel file requests, including employee rights, employer duties, record contents, and medical privacy rules. See how deadlines, penalties, and strict documentation practices affect compliance when workers request copies of their personnel records.
Employer vs Supervisor - Differences in Roles and Responsibilities

Employer vs Supervisor: Differences in Roles and Responsibilities

Compare employer and supervisor roles, from legal responsibility to daily management, so workers see who controls policies and everyday work. Get a simple breakdown of authority, decision making, and workplace impact to clarify who to approach when issues arise.

Contact our attorney.

Please tell us your story:

5 + 3 = ?

2,801
© Copyright | Nakase Law Firm (2019)