Can you terminate an employee for looking for another job?
By Ricotta & Marks, P.C. on August 9th, 2021 in
Can you terminate an employee for looking for another job? Most employees are considered at-will employees, which mean that as an employer, you can fire the employee without cause as long as it’s not for a discriminatory reason. Therefore, an employee can be fired for looking for another job, especially if you have a specific policy forbidding job hunting or found out that the employee was performing job searches and going to interviews during normal work hours.
However, there are some things to be aware of. You may not be able to fire an employee who is part of a labor union. Also, if you have a contract with the employee, read it thoroughly before giving out pink slips. Does the contract state that the employee cannot be fired without a good reason? Does it specify that a certain disciplinary process must take place before termination? If so, then you as an employer could be sued for breach of contract. If you have a non-compete clause, then it may be upheld in court.