Updated on April 18th, 2023

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:

How to call in sick to work?

When calling in sick to work, be direct and concise, stating your inability to come in due to illness. Inform your supervisor or HR the nature of your illness and when you expect to return.

Equal Pay Act: What is it?

The Equal Pay Act an employers from paying their workers less than employees of the opposite sex for similar or identical work.

Exotic Dancer License & Stripper License

It is unlawful to work as an adult entertainer without a stripper license, called a "adult entertainment permit. Therefore, knowing how to get your stripping license is necessary to work in a adult club.

Strippers Minimum Wage in California

Strippers in California must earn a minimum wage of $15.50 per hour or higher, depending on the city's minimum wage where they work.

What Is A Hostile Work Environment?

The law defines an unlawful hostile work environment to mean when a superior or coworker communication or behavior that is offensive, intimating, or discriminate on the basis of gender, religion, race, ethnicity, etc.

Can you take unpaid time off in California?

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, the federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year.

DFEH Right to Sue

To file a lawsuit for discrimination, you must file a complaint with DFEH and obtain a Right-to-Sue notice.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime because California law requires that employers pay overtime, whether authorized or not.

What Is Rate Pay Meaning?

The meaning of pay rate is the average hourly rate an employee is paid calculated by dividing the total pay for employment in a work week by the total number of hours actually worked.

California Break Laws

Under California law, non-exempt workers are entitled to two paid 10-minute rest breaks and one unpaid meal break during their eight-hour shift. 

Not Getting Paid for Work I Have Done

Workers who have not been paid for work have the right to file a claim with the federal and state Department of Labor for unpaid wages.

California Overtime Law

Under California overtime law, an employee who works over eight hours a day or over forty hours per week is entitled to overtime pay at one and one-half times the regular rate of pay.

Who is exempt from overtime pay?

As of 2023, to be exempt from overtime pay, any employees who are paid at least $62,400 per year and work are primarily professional, executive, creative, managerial, or intellectual and require the exercise of independent judgment.

Can Previous Employers Talk Bad About You?

There are no state or federal laws prohibiting what a previous employer can or cannot say about a former employee. However, previous employers are not permitted to make up lies to damage your reputation and make it difficult for you to get another job.

Can An Employer Cut Your Pay as Punishment?

Employers cannot cut hours to retaliate against employees. Cutting the hours of an employee should never be used as discipline or in an attempt to make an employee quit. 

California Random Drug Testing Law

Random drug testing is not permitted in California, and employers must give their employees notice before a drug test is given.

What happens if you get caught working under the table?

Generally, it is not illegal for your employer to pay you in cash. However, if the employer paid you under the table and did not report your earnings, you may be entitled to money damages under California Labor Code 226.

ADA Proof of Disability

An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.

FMLA Retaliation and Wrongful Discharge

An employer is prohibited from retaliating, interfering with, restraining, or denying an employee’s exercise of any FMLA right. If an employer wrongfully terminates an employee for FLMA taking medical leave, the worker could have a lawsuit against the employer.

Per Diem Employee Rights

A per diem employee is a worker who work on an as needed basis. A per diem employee does not have a regular schedule or shift but instead works hours as assigned.

How To File A Workplace Harassment Complaint

You can always file a harassment complaint with the EEOC about the harassment. Also, you can retain our employment law attorney to help with no upfront money from you.

Wrongful Termination Settlements

When a worker wins a wrongful termination lawsuit, the average payout amount is $9000 to $95,000, depending on how much the worker would have made during employment.

Can employer ask for proof of disability?

If a worker asks for reasonable accommodation, the employer can ask for proof of disability. However, an employer cannot ask for proof of disability if its part of a hiring decision.

Contact our attorney.

Please tell us your story:

4 + 1 = ?

445
© Copyright | Nakase Law Firm (2019)