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

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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

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