Can an employer fire me for telling them I am looking for another position

SeductivePig

Senior member
Dec 18, 2007
681
8
81
Due to harassment that has been going on for years, and poor leadership? I have hesitated to report the harassment because it comes from my manager and a guy who is very senior to me and helps me out a lot. If I got on either of their bad sides, my job would become hell.

When I say fire, I mean let me go in a way that I don't get any severance or unemployment, and such that it looks like I was let go for a negative reason when my future employer inquires why I was let go?

I am thinking to let my VP know once I have a month left on my apartment lease. I should have enough saved up to survive for about 6 months, and my credentials are good, but I'm really hoping for severance + unemployment.

I want to start looking for a job in a different industry now, but I don't have the network/skill set yet so I'm hoping in 6 months I'll have a better chance.
 

SKORPI0

Lifer
Jan 18, 2000
18,430
2,347
136
Why would you even let your current employer know that you're looking for another job? Develop/learn your skill set to get a better chance of landing a job ASAP. Quitting won’t get you unemployment, only when you’re fired.
 
Last edited:

SeductivePig

Senior member
Dec 18, 2007
681
8
81
Do you have a contract? Are you in an "at will" state?

I am a consultant (there is no contract with my company). It's at will employment. I understand my employer can let me go at any time. But can they FIRE me without severance/unemployment for telling them that I am looking for another job?
 

BoomerD

No Lifer
Feb 26, 2006
63,428
11,757
136
If you’re an at-will employee, they can let you go for any reason...they don’t even have to give a reason. As for severance, if it’s not spelled out in some form of contract or employee handbook, they don’t HAVE to pay it. Wages including earned vacation (in some states) have to be paid if you leave for any reason. Severance pay is generally not required by state oe federal law.
 
Reactions: highland145

SeductivePig

Senior member
Dec 18, 2007
681
8
81
If you’re an at-will employee, they can let you go for any reason...they don’t even have to give a reason. As for severance, if it’s not spelled out in some form of contract or employee handbook, they don’t HAVE to pay it. Wages including earned vacation (in some states) have to be paid if you leave for any reason. Severance pay is generally not required by state oe federal law.

Yes, I understand all of this.

My question is whether they can fire me such that

1) I don't get any severance
2) I am denied unemployment
3) It would look negative to a future employer (as if I was fired for a bad reason and not just let go due to lack of available work)
 

BoomerD

No Lifer
Feb 26, 2006
63,428
11,757
136
Yes, I understand all of this.

My question is whether they can fire me such that

1) I don't get any severance
2) I am denied unemployment
3) It would look negative to a future employer (as if I was fired for a bad reason and not just let go due to lack of available work)

Again...severance, absent a contract, is strictly employee optional...
You have to be fired for cause (in most states) to be denied unemployment
No way to know what reason they might give for your termination. “He started looking for a new job,” is a petty reason to terminate an otherwise good employee, and MOST prospective employers would probably give you a break and consider that a no-fault.
 

13Gigatons

Diamond Member
Apr 19, 2005
7,461
500
126
Explain to a future employer that you were being harassed but did not report it due to the company structure and you did not want to make waves. Many companies will actually look favorably on an employee that doesn't complain.
 

Sonikku

Lifer
Jun 23, 2005
15,752
4,562
136
Until they require references from your current employer before you get an interview. At which point, the jig is up.
 

IndyColtsFan

Lifer
Sep 22, 2007
33,656
687
126
Yes, I understand all of this.

My question is whether they can fire me such that

1) I don't get any severance
2) I am denied unemployment
3) It would look negative to a future employer (as if I was fired for a bad reason and not just let go due to lack of available work)

I have a great idea. Why don’t you just keep the fact that you’re looking for another job to yourself and not take the chance? Why on earth would you tip your hand when you have no power or leverage? I mean, this isn’t rocket surgery.
 
Nov 20, 2009
10,051
2,577
136
Yes, they can. Why? Because if you are informing them you are looking for other employment then they have no confidence in you doing your current job and will up and leave without warning. Why should they not fire you for that? Now, if you get another job and give your current employer two-weeks notice then that would be a better situation. Actually, why would you want to tell them before getting another offer?
 

purbeast0

No Lifer
Sep 13, 2001
52,931
5,803
126
Why did you tell your employer that you are looking for a new job?

I work for a really great company who treats their employees well and have a great relationship with them. I got out of a meeting 15 minutes ago or so letting them know that I've had 2 competing companies actively trying to recruit me over the past few months and that they were offering me a decent amount more. I let them know that I had no intention on leaving however was wondering what I needed to do to get my salary up to that range.

We get our raises in January every year and she said that I will be taken care of and appreciated how upfront about it I was. And she said come January if I'm not happy after I get my raise to come back and let them know.
 

Genx87

Lifer
Apr 8, 2002
41,095
513
126
You won't get severence or unemployment if you voluntarily leave the job.

Contrary to popular belief. One can still collect unemployment if they voluntarily leave provided they can show a hostile work environment exists.
 

Genx87

Lifer
Apr 8, 2002
41,095
513
126
BTW do not tell your current employer you are looking. It is really none of their business. And they will most likely fire you anyways. A buddy of mine was an idiot and when asked if he was looking told them yes. 3 days later he was out the door and unemployed for 3 months.
 

IndyColtsFan

Lifer
Sep 22, 2007
33,656
687
126
BTW do not tell your current employer you are looking. It is really none of their business. And they will most likely fire you anyways. A buddy of mine was an idiot and when asked if he was looking told them yes. 3 days later he was out the door and unemployed for 3 months.

The head of my department called me into a 1:1 meeting and told me she heard I wasn’t happy and asked if I was looking. I told her everything is fine and I was not looking. Of course, I have one offer on the way and a conversation with another company next week which looks good.
 

purbeast0

No Lifer
Sep 13, 2001
52,931
5,803
126
BTW do not tell your current employer you are looking. It is really none of their business. And they will most likely fire you anyways. A buddy of mine was an idiot and when asked if he was looking told them yes. 3 days later he was out the door and unemployed for 3 months.
Sounds like he is not a very good employee, or works for a bad company. Or both.
 

SeductivePig

Senior member
Dec 18, 2007
681
8
81
Sounds like he is not a very good employee, or works for a bad company. Or both.

I’m not a bad employee and my company isn’t that bad. The two people I referenced who are harrassing me just completely lack self awareness and don’t understand what they’re doing. They are engineers who lack social awareness and are applying their ideology of them being right all the time to my personal affairs, ehich I never asked their opinions on in the first place. They’ve created a work environment where basically anything goes, but not everyone agrees with it. Upper managament has no clue because they’re on the other side of the building.
 
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