Can I be fired for looking for a new job?

If you are fired for looking for another job, there is a possibility that you may be able to sue him for wrongful termination, but only under certain circumstances.

The employment laws in your state determine how difficult it will be for you to win a lawsuit against your former employer. Many states have “at-will” employment laws. This means, you can be fired at any time for nearly any reason.

On the other hand, you may have a written or oral employment contract with your employer stating that you cannot be fired without good reason, or without a specific termination process that may include a disciplinary procedure like oral and written warnings or suspensions.

Another circumstance might be that you are a member of a labor union. If you are an at-will employee, it would be much more difficult for you to sue your employer since your employer has the right to terminate you for almost any reason or none at all, at any time.

If, though, you have a written or oral contract with your employer protecting you from arbitrary dismissal, or you are a member of a labor union, you may be able to argue that you are protected from being fired at will.

Fired for Looking for Another Job

In order to recover monetary damages, you will likely have to prove that you were only fired because you interviewed for another job. Even if your employer argues that the firing was not at-will since there is a policy forbidding current employees from job hunting,  your former employer’s requirement that you not interview for other positions while employed may have been an unlawful non-compete clause (NCC).

States take different positions on NCCs. Most states require that NCCs be upheld. California, which values open competition and employee mobility, is an exception. The language of the NCC in your employment contract, however, may be so overly restrictive that courts in other states will find it void.

Case Studies: Firing for Job Search

Case Study 1: Violation of Non-Compete Clause

Sarah Thompson was terminated from her job shortly after her employer found out that she had been actively interviewing for positions at other companies. While her employer argued that their policy prohibited employees from job hunting, Sarah believed it could be an unlawful non-compete clause.

With the assistance of an employment law attorney, Sarah reviewed the language of her employment contract and found it to be overly restrictive. She decided to pursue legal action against her former employer, claiming wrongful termination based on the violation of her rights to seek alternative employment.

Case Study 2: Contractual Protections

John Anderson had an employment contract that explicitly stated he could not be fired without good reason or a specific termination process. When his employer discovered that John had been looking for a new job, they terminated his employment without following the prescribed termination procedure.

John consulted with an employment law attorney, who determined that his employer had violated the terms of the employment contract. John filed a wrongful termination lawsuit, seeking compensation for damages resulting from his unlawful dismissal.

Case Study 3: Union Membership

Michael Roberts was a member of a labor union, which afforded him certain protections against arbitrary dismissal. After his employer learned about his job search, they terminated his employment, claiming poor performance. However, Michael had a track record of satisfactory work evaluations and no prior performance issues.

With the support of his union representative, Michael filed a complaint against his employer, alleging wrongful termination based on retaliation for seeking alternative employment.

Can you be fired for looking for another job? The Bottom Line

If you were fired for looking for a new job, Before you consult an employment law attorney, determine whether you violated any other rules imposed by your former employer:

• Did you schedule the interview during your normal work hours?
• Did you lie about why you were absent from work?

These actions may be grounds for termination.