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.
Under the U.S. Equal Employment Opportunity Commission, it is illegal for an employer to fire an employee for the following reasons:
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.
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:
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.