Can You Get Fired For Looking For Another Job?

Job hunting while you’re already employed can feel a bit like sneaking around. You’re excited about finding a new opportunity, but worried that your current boss will find out. So, can you actually get fired for looking for another job? We discuss it here.

At-Will Employment

Most employees are at-will. This means your boss can let you go at any time for any reason, as long as it’s not illegal. You can also quit whenever you want. If you did not sign an employment contract when starting your job, you are most likely an at-will employee.

Since your employer can let you go for any reason other than those protected by law (i.e. discrimination), you can be fired for looking for another job. Your boss does not even need to provide you a reason. If you are an at-will employee read the tips below on how to look for a new job while currently employed.

If you are terminated because you were looking for a new job but feel that there could be another reason, speak with an employment attorney. Your employer cannot terminate you for your race, sex, age, disability, pregnancy, genetic information, national origin, religion, gender identity, or sexual orientation.

Employment Contract

If you are not an employee at-will, you should have an employment contract. This is where it can get a little more complicated. Your contract may state what will happen if you look for a new job on company time. However, this language is rare in an employment contract and you may need read between the lines.

Your contract might say something about personal use on company property or may refer to company policies. Your employer may have an employee handbook or other policies that you agreed to abide by by signing the employment contract. If the language or policies are unclear, it may be to your advantage to review your case with an employment attorney.

How to Job Hunt Discreetly

Here are some tips to keep your job search under wraps and avoid any awkward confrontations:

1. Use Your Own Devices: While this may seem obvious, it’s easy to forget especially when you take a break or eat lunch at your desk. Stick to using your personal phone, computer, and email for anything related to your job search. Don’t use your work laptop to update your resume or send out job applications. Your employer may be able to track and review your computer activity.
2. Schedule Wisely: Try to set up interviews outside of work hours, or during your lunch break. If you need to take time off, use your vacation days or personal time and be honest about needing the time off (without spilling the beans about why).
3. Don’t Slack: Don’t let your performance at your current job slip. If you start showing up late or missing deadlines, it might raise suspicions.
4. Be Honest if Asked: If your boss asks you point-blank if you’re job hunting, they probably already know the answer. Honesty is usually the best policy. Explain that you’re exploring new opportunities for growth but reassure them you’re still committed to your current role for now. If your boss finds out that you are looking for a new job and lied about it, you have a greater chance of being terminated.

Legal Protections: What Are Your Rights?

If you are terminated for looking for a new job, make sure that is the real reason. If you feel that the real reason may be one protected by law (i.e. terminated for race, sex, pregnancy, etc.), speak with an employment attorney.

Also, if you’re part of a union, there could be specific rules about how and when you can be fired. Refer to your union contract or guidelines.

Conclusion

Yes, you can get fired for looking for another job, but if you’re smart and discreet about your search, you can minimize this risk. Understand your company’s policies, keep your job performance up, and really just handle the process with professionalism. If you’re ever in doubt, speak with an employment attorney for guidance.

See Also:

• Can Your Employer Look At Your Text Messages?
• How A Strong Personal Brand Can Make You More Money

Disclaimer: This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.