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:
- National Origin
- Sexual Orientation
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