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It is legal to fire someone in retaliation for looking for another job. Do employers tell the employee the truth about this?
Anonymous3 views3 answers
Do employers that typically fire employees who are looking for a new job elsewhere tell the employee the truth? If not, what are some common reasons for the retaliatory termination after an employer learns the employee is trying to find work elsewhere? It seems extremely unethical to lie to an employee about his performance and fire him. However I can't picture an employer being frank with an employee that they are angry with for being disloyal or potentially disloyal.
Ms. McCall is quite correct. Unless employment rightgs are protected by contract or civil service, an employee can generally be terminated for any reason or no reason. In this forum, comments about what is "typical" or "common reasons" is not possible. Employers make employment decisions for a infinite variety of reasons and, except possibly in connection with a claim for unemployment insurance benefits, are never required to explain or justify a termination. And, employers are held to no particular standard of ethics. Business is business.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
The law does not prohibit termination on the basis of the employer's belief that the employee is looking for a different job. Some employers prefer to limit their workforces (or specific positions among their staff) to individuals who are satisfied with and invested in their current employment.
I agree with counsel. You haven't really asked a legal question although Ms. McCall and Ms. Sinclair gave you a correct statement of the law. Employers run businesses. If they sense that an employee is spending their time looking to work elsewhere, it makes sense to me why they would prefer to have employees who are going to stay with their business. Employers invest in their employees on a daily basis. The reality is California law is at will in the State of California. Employers don't need a reason to fire an employee and can do so unless it's an illegal reason.
