Debbie A Ferguson Inc

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Can Your Boss Fire You For Job Hunting?

A red haired man sits at a desk, looking through a file folder while using a landline telephone.

Millions of people are currently looking for a better job fit amid "The Great Resignation." The Coronavirus prompted many people to make changes in their work lives; according to studies, more than half of working Americans are actively looking for a new full-time job, even if they already have one. With as many people as are working and looking for different employment right now, some wonder what happens if your current boss finds out that you're job hunting. Could you be fired? Because all US states are what is known as "at-will states," the answer is yes. An experienced employment lawyer can help you go over any contracts or agreements you're asked to sign at your job, as well as give you advice on any specific employment situation you're dealing with at your current place of work. Learn more about our legal subscription plans for individuals and families and read on for some job hunting basics.

What Is An At-Will State?

At-Will means that an employer can fire you for at any time, without notice, for any reason not specifically protected by EEOC laws. Most states have some exceptions; for instance, 42 states and the District of Columbia have an exception for public policy, which means that you can't be fired for reasons prohibited by state or federal laws. There are also "implied-in-law" exceptions.

It's Not Common, Though

Employers have the right to fire you for any reason, including job hunting, but it is pretty rare for employers to do so because employees who are fired from their positions are usually entitled to certain benefits, such as unemployment benefits, whereas employees who resign or quit on their own aren't entitled to those benefits.

When Non-Compete Agreements Are In Play

If you signed a non-compete agreement, you may be prohibited from working for a competing business, company, or industry for a specified amount of time stated in your contract, usually for some time after your employment has ended. Non-compete clauses vary state-to-state, and some aren't enforceable in some states. Make sure to read any non-compete contracts you're asked to sign as they can limit your future opportunities. Non-compete agreements must be found to be "reasonable" by a court and approved. The court ensures that the clauses in a non-compete are not too limiting, are limited by geography, and has a reasonable definition of what qualifies as "competition."

What If Your Boss Asks You If You're Job Hunting?

There is no law or restriction prohibiting employers from asking if an employee is job hunting, and some may take it personally and terminate the employee. If you choose to look for another job, make sure that the process doesn't take away from your current job's duties; schedule interviews on days off or use PTO and don't apply for jobs while you're at work.

Learn More About Your Rights As A Worker

Employment laws and worker's rights laws can be confusing, and adding in contracts and agreements to the process can make it more so. Having your attorney look over any contracts you're asked to sign or give you advice on a specific situation can give you confidence to go ahead with your plans and seek out new opportunities. Learn more about the benefits of our legal subscription plans for individuals and families or sign up today!