Can I Get Fired for Seeking New Employment?
Employers typically have the right to terminate employees at will. This means you could be fired just because your employer decides to end the employment relationship, regardless of whether you're seeking new employment. Although the likelihood of being fired simply because you're looking for employment elsewhere is probably slim, your employer may fire you for violating workplace policies or for acting irresponsibly during your job search.
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At-Will Employment
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An overwhelming majority of private-sector employers subscribe to the employment-at-will doctrine. With the exception of employment subject to the terms and conditions of a contract or a collective bargaining agreement, private-sector employers who follow the doctrine may end the employment relationship at any time, with or without notice, for any reason or for no reason. Montana has the only state statute --- the Montana Wrongful Discharge From Employment Act --- that prohibits at-will termination. Therefore, your employer doesn't necessarily need a reason to fire you, because if you work for an at-will employer, the decision to fire you could come around the same time you're looking for new employment.
Noncompete and Nondisclosure Clauses
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Depending on the kind of information you disclose to prospective employers during your job search and whether you're under contract of employment, your employer could fire you for violating the terms of a noncompete or nondisclosure clause. Your employer may not terminate you based solely upon discovering that you're looking for another job; however, you could jeopardize your employment if you violate the terms of your current employment contract by providing prospective employers with protected company information.
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Company Resources
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Employees in nearly all companies have computers at their workstations and access to the Internet; however, companies also usually have policies that limit employees' use of company resources for personal matters. Although use of your company's computer, printer and fax machine may not be strictly prohibited, your employer may fire you if you conduct a job search through indiscriminate use of company property. To avoid the possibility of losing your job while you search for another one, it's wise to use your home computer and Internet access or go to the public library.
Time Off and Performance
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Seeking new employment is probably best done when you're away from work using personal time off or vacation. However, if you repeatedly take time off every time you have a job interview --- an hour here, two hours there --- your employer may begin to question whether you're really committed to your current job duties. A sure way to increase your chances of being fired for seeking new employment is to misuse time off, such as claiming you're home sick or taking a disability-related leave of absence when you're really conducting a job search. Likewise, if your work suffers because you take too much time away from your job duties to look for a new job, your employer might find a reason to fire you for poor performance.
Indiscretion
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Discussing your job search with colleagues isn't wise. Sharing details about your interviews and telling other employees about competitors that are recruiting applicants may affect employee morale and, possibly, employee retention. If your employer believes you're causing employee morale to drop or if you're encouraging employees to seek employment elsewhere, you may be fired for your indiscreet behavior or for acting in a manner that opposes your employer's business philosophy and principles.
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