Could I Be Fired for Looking for Another Job?

During times of economic uncertainty, one job may not be enough. Or you may have reached a dead end at your current job and want something better. Maybe you need to relocate and find work in your new home. Whatever the reason may be, you need to look for a new job. But, while you look, you need to keep your present job.

If you look for new work on company time, you probably wonder whether you can get fired for your job search. The short answer is “yes,” but there is a little more to it. What can you do if you need a new job but need to keep your current one?

At-Will Employment and Termination

Every state but Montana follows “at-will” employment. In at-will states, employers and employees can end the employment relationship at any time, without notice, for any reason. So your employer can fire you for job-hunting on company time.

An at-will employee can end their employment at any time as well. If you wish to walk off the job when you find another one, you can do that. On the other hand, neither you nor your employer will make a good impression if you do so.

Termination “not for cause”

Most employers and employees have an employment contract or other document that explains possible grounds for immediate termination and disciplinary action.

Firing someone for a reason not given in the contract or without following the disciplinary steps in the handbook is “not for cause.” An employee fired “not for cause” can usually claim unemployment benefits.

Termination “for cause”

If your contract or employee handbook states grounds for immediate termination, your employer can fire you for those reasons. In general, this covers things like:

• Use of company equipment for non-business purposes
• Using work time for personal business
• Breach of non-compete or non-disclosure agreement

If your job search affects your work performance, your current employer is sure to notice. At this point, you should discuss your situation with human resources.

Job Hunting While Working

There are no state laws that protect the working job seeker. Your safest course is looking for new jobs outside of work hours, or on your break time. On the other hand, not everyone has unlimited free time to check their LinkedIn account looking for new opportunities.

Consider taking these steps for protecting your current job while looking for new work:

• Tell your current employer you’re looking for a new job. This easiest solution isn’t for everyone, but if you can, you should do so. Honesty can be your best policy. If you have a good working relationship with your boss, explain what’s happening, and why you need another job.
• Use your own computer or tablet. Never use company equipment for your job search or responding to job offers. Put your home address and personal phone number on your applications, and don’t take calls at the office.
• Schedule job interviews before or after work. If you must schedule them during work hours, take a personal day and try to schedule several interviews on the same day.
• Keep your plans to yourself. If you feel like you can't tell your boss, don’t let your co-workers know you’re looking for a new job either. No matter how much you trust them, your employer will learn what’s going on.

If your employer fires you without cause, you may have grounds for legal action. States have statutes of limitation on wrongful termination lawsuits, so speak with an employment lawyer as soon as possible after your termination.

Tips for Employers

Employers in at-will states can fire employees for looking for new jobs. However, most employment experts strongly recommend that they resist the urge to do so.

Before ejecting a worker for perusing the want ads, take a moment to review company policies, and think about these options:

• Ask the employee for a “stay interview.” The employee may want higher pay or a better work environment. Take time to find out what has prompted the job search. It could be as simple as a new desk location or a small raise.
• Get legal advice. If the employee has a fixed contract, you generally cannot terminate them until their contract expires, or the company could face serious financial and legal penalties. If your company’s employment contract gives workers legal protections, you could face a wrongful termination suit.
• Consider the impact on other employees. Firing an employee for looking for work may make your other workers resentful or uncomfortable. HR experts agree that when an employer fires a worker for no cause, it has a negative impact on the workplace. A better solution might be disciplining the worker instead, or just having a conversation about why they're looking for another job.

Get Legal Advice from an Employment Law Attorney

If you’re considering looking for a new job and are worried about losing your present job, or you have other concerns about your job, get help from an employment law attorney in your area. Be sure you protect your employment rights before you take the leap into a new line of work.