Many people search for a new job while being employed, for career advancement, or due to dissatisfaction with their current position. For those searching for a new job, an upsetting question often arises, can I be terminated from my job for pursuing employment elsewhere?
Your ability to remain employed will depend primarily on your employment status, company rules, and any applicable laws which may provide protection from termination when applying for other jobs. Knowing your rights may help you to make informed decisions and explore other options.
Can You Be Fired for Looking at Other Jobs?
There are times when job searching can result in a termination. Employers typically view job searching as a sign that the employee may leave soon, which will prompt the employer to take action. In states like New Jersey, where “at-will” employment is practiced, an employer can terminate an employee for job searching.
Employers may also terminate employees who are job searching when they conduct job searches during work hours, using company time/resources, or involving confidential information. In addition to looking for other jobs, casual conversations regarding potential job opportunities with fellow employees can also raise red flags for employers.
Termination for job searching is not always legal. There are circumstances under employment laws where employees cannot be fired for job seeking.
Can You Be Fired for Applying to Other Jobs?
In most instances, applying for a job elsewhere while already employed is considered acceptable behavior, although that could change depending on the specifics of your employment. If you began applying to or interviewing for jobs with competing organizations, used company resources to apply, or disclosed any potentially confidential information during the job application process, there is a possibility that the employer could terminate your employment based on those factors.
When you apply to jobs, exercise caution if you will be using any company property, your company e-mail account, or taking time from work to apply. By taking any of these actions, you may provide the employer with a just cause for terminating your position.
On the other hand, if the above actions are used by an employer to terminate an employee for reasons of discrimination or retaliation, then that termination may be illegal.
What is At Will Employment?
At Will Employment is the principle that allows employers and employees the ability to end their employment relationship at any time, for practically any reason, without any risk of legal repercussions as long as the employer and/or employee do so in compliance with federal and state law.
While at-will employment does allow an employer to terminate an employee for various reasons, such as finding new work or job performance concerns, as well as business considerations, there are several exceptions that an employee can use when determining whether an employee is wrongfully terminated.
Under the general principles of at-will employment, an employer may not terminate an employee due to an illegal reason, such as discrimination against an employee, retaliation against an employee for making a complaint or other protected activity, or violating an employment contract. Each of these types of exceptions should be considered by the employee when determining if they were wrongfully terminated.
While at-will employment does not allow employers to exercise their authority without limit, at-will employees still have rights and protections under both state and federal employment laws.
When It May Be Illegal to Fire Someone for Job Hunting
Although at-will employment gives employers many rights, firing someone for looking for another job may still be illegal under certain circumstances.
Discrimination
When a worker is fired simply because they are searching for another employment, and if the business was motivated by their characteristics protected under the law (age, race, sex, disability or pregnancy), that may amount to discrimination based on those characteristics.
For instance, when a business fires older workers due to them searching for new jobs, and does not fire younger workers, that may create suspicion as to whether the employer has discriminated against the older employees.
Retaliation
Retaliatory actions taken by employers against their employees who engage in protected activity is illegal. An employee may be entitled to protection against retaliation by their employer if they engaged in Protected Activity and then began using various methods of job seeking after doing so, such as:
- Applying for other jobs
- Contacting employment agencies
- Using job search engines
- Contacting employers
- Obtaining a new position
If an employee’s termination occurs shortly after he/she has engaged in protected activity, then the timing of the termination may be an indication of unlawful retaliation.
Employment Contracts
An employee that has a contract, union agreement, or written notice from the employer could have additional protection against being terminated. If an employer’s policy has a limit to the reason for termination, then if the employer terminates the employee for finding a new job, it would violate the employee’s contract. An employee handbook can create implicit terms regarding the termination of employees in certain circumstances.
Whistleblower Protections
The Conscientious Employee Protection Act (CEPA), is a law designed to protect employees from being retaliated against for reporting any illegal or unethical conduct that has occurred within their workplace. An employee cannot be terminated for blowing the whistle on an employer’s crime or for openly looking for another job because of the employer’s wrongdoing. If an employee engages in whistleblowing actions and is terminated due to their job searching after reporting the conduct of the employer, then the employee will be able to pursue a retaliation case against the employer under CEPA.
Public Policy Violations
Employers are not permitted to terminate their employees for reasons contrary to public policy. For example, if searching for another job is because of unsafe working conditions or illegal acts on the job, you may be unlawfully terminated from your position.
How to Protect Yourself While Job Hunting
If you are trying to find a new job, there are things you can do to protect yourself.
- Avoid using company equipment for job searching
- Keep job searches confidential
- Document workplace issues if concerns arise
- Review company policies regarding outside employment
- Consult with an employment lawyer if termination risks increase
By taking these steps, you may lower your chances of losing your job while looking for a new one.
Speak With a New Jersey Employment Lawyer
If you were dismissed from your job seeking another employment opportunity, you might have legal recourse. A knowledgeable New Jersey employment lawyer can assess your circumstances to establish whether or not your termination contravenes existing employment statutes.
Contact Hamilton Law Firm today to schedule a consultation and learn how we can help protect your rights and guide you through your next steps.