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

[deadlyapp]

It's clear that SeductivePig is trying to game the system by getting his employer to release him and then collecting unemployment or severance, simply because he doesn't like his job since he's being harassed. I'm quoting him for posterity sake and in the hope he gets denied unemployment if he is fired.

If I was your employer, and I wanted to fire you, then I'd for sure develop the reasoning behind firing you, which it sounds like your boss would have no issues doing. And your entire pretense of doing this is so you'll get fired, which could backfire on you easily - they could make your life a living hell, even moreso than it is now, until you leave voluntarily.

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.

 

[DrunkenSano]

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.

Why did you not go to HR?

 

[purbeast0]

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.

I didn't mean you, I meant the guy's friend that I quoted.

 

[snoopy7548]

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.

So don't mention or talk about your personal affairs at work. Go in, put your head down, work, don't socialize, and go home. If you have to constantly work with those two engineers and they're preventing you from doing your work, and HR won't do anything about it, either keep working (and collecting a paycheck), or keep working and start looking for a new job.

 

[SeductivePig]

Why did you not go to HR?

I don’t want anything on my otherwise clean record. I always thought that if I said anything to HR, that a future employer would find out through a background check. The last thing I want is to be seen as a potential problem before I’m even hired.

Thing is, I never had this kind of problem with my clients or any other coworkers. This entire situation would never happen anywhere else.

 

[SeductivePig]

So don't mention or talk about your personal affairs at work. Go in, put your head down, work, don't socialize, and go home. If you have to constantly work with those two engineers and they're preventing you from doing your work, and HR won't do anything about it, either keep working (and collecting a paycheck), or keep working and start looking for a new job.

I tried this a few years back by not giving them any attention and having my headphones in. They kept talking about me when I was walking around the office and tried to get on my nerves. I snapped at one guy and he looked likehe had just seen a ghost. So I realized that approach wasn’t sustainable long term.

 

[SeductivePig]

It's clear that SeductivePig is trying to game the system by getting his employer to release him and then collecting unemployment or severance, simply because he doesn't like his job since he's being harassed. I'm quoting him for posterity sake and in the hope he gets denied unemployment if he is fired.

If I was your employer, and I wanted to fire you, then I'd for sure develop the reasoning behind firing you, which it sounds like your boss would have no issues doing. And your entire pretense of doing this is so you'll get fired, which could backfire on you easily - they could make your life a living hell, even moreso than it is now, until you leave voluntarily.

The type of harrassment I’ve been through could result in fallback that could cost the company far more than a few months severance and unemployment. I’m doing them a favor.

 

[Midwayman]

Telling your employer you are looking is generally dumb.
1) You're not looking for a counter and just opening yourself to getting fired before you land something else
2) You are hoping for a counter- Better hope you have a great rep with the company and are considered invaluable. Else once the panic subsides employers often to make steps to ease your transition out and you end up training your replacement.

 

[purbeast0]

I tried this a few years back by not giving them any attention and having my headphones in. They kept talking about me when I was walking around the office and tried to get on my nerves. I snapped at one guy and he looked likehe had just seen a ghost. So I realized that approach wasn’t sustainable long term.

You've been dealing with this for more than a "few years" and haven't left?

WTF man ... life is too short.

 

[SeductivePig]

You've been dealing with this for more than a "few years" and haven't left?

WTF man ... life is too short.

Well, I work at my client 4 days a week with no problems. The one day I come to my home office this always happens. So its not something that happens every day, but more like every week.

 

[snoopy7548]

Well, I work at my client 4 days a week with no problems. The one day I come to my home office this always happens. So its not something that happens every day, but more like every week.

You've gotta beat them at their own game. Start doing weird things that make them talk about you constantly, to the point of them not getting work done, but make sure only they see you do these things. Eventually management will see these two jokers aren't getting any work done and fire them.

 

[SeductivePig]

You've gotta beat them at their own game. Start doing weird things that make them talk about you constantly, to the point of them not getting work done, but make sure only they see you do these things. Eventually management will see these two jokers aren't getting any work done and fire them.

One of the guys already destroys our budgets with endless blabbering about nonsense and forces us to go through excruciating detail to accomplish something relatively simple. He’s never going to get fired because he’s too valuable.. fml right?

 

[deadlyapp]

The type of harrassment I’ve been through could result in fallback that could cost the company far more than a few months severance and unemployment. I’m doing them a favor.

You'd have to prove it, and if you haven't been reporting it to HR or otherwise documenting it, it's basically meaningless. Thinking you're doing them a favor is delusional.

Background checks won't reveal HR records from previous employers, and in most cases these days, if a future employer contacts a previous employer, the only thing your previous employer can say is "Yes or No" when asked if they would re-hire you. If you don't plan on working for these people in the future, then you should absolutely document it through HR. At this point, you don't seem to care about retaliation anyways.

If you can't suck it up 52 days a year, then quit on your own.

 

[Genx87]

Sounds like he is not a very good employee, or works for a bad company. Or both.

It was a crap company. Why he was looking. But he was dumb enough to admit it when they asked. They probably asked because of what a horrible company they are. They had to know there was no way he was going to stick around with the crap they were pulling.

 

[olds]

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)

Yes

 

[Stopsignhank]

About 20 years ago my company found out that my boss had an interview with a competitor. There are only a handful of companies that do what my company does. So the day of the interview they called the competitor and asked for "Hank's Boss" (not his real name) The receptionist said that he just left. They fired him the next day.

 

[paperfist]

I don’t want anything on my otherwise clean record. I always thought that if I said anything to HR, that a future employer would find out through a background check. The last thing I want is to be seen as a potential problem before I’m even hired.

Thing is, I never had this kind of problem with my clients or any other coworkers. This entire situation would never happen anywhere else.

At least in NY when you call another company for references you can’t ask/say much. Pretty much we’re they sick/late a lot type of questions.

 

[Mayne]

are we still talking about salsa. I fucking love salsa.

 

[Mayne]

wrong ass thread. sorry

 

[dave_the_nerd]

My aunt got canned for having a copy of her resume on her work computer. *shrug*

 

[Muse]

In the USA, I'm thinking, probably yes. Well, maybe depending on where you work. Some people have a certain amount of job security by virtue of one thing or another... such as some union workers, I believe, and maybe some government workers. But in the "private sector" there are laws, but employees aren't very well protected, is my personal experience.

 

[Ns1]

Reading these replies, some of your employers/bosses must really suck.

 

[Red Squirrel]

NEVER let an employer know you're looking for a job.

Find the job, get it, secure it, but let them know you can't start because you need to give your 2 weeks notice at your current job. HOPEFULLY they are ok with that and don't just go to the next candidate. Then give your 2 weeks notice. Hopefully at that point they don't just fire you but accept it and let you quit gracefully so that you get your accumulated retirement funds, any money owed, vacation pay etc. I imagine if you are fired then you lose all that.

Depending on state etc there may be regulations that would stop them from doing that but if it's a "at will" state they can do whatever the hell they want.

I work in a unionized job so they would never really be able to pull off anything nasty but when it's a non unionized shop they can more or less do what they want. It sounds like it's a hostile environment to begin with so I would definitely not tell them anything until last minute. You may even be able to use vacation time for your 2 weeks notice.

 

[Humpy]

wrong ass thread. sorry

There is another ass thread?

 

[Midwayman]

NEVER let an employer know you're looking for a job.

Find the job, get it, secure it, but let them know you can't start because you need to give your 2 weeks notice at your current job. HOPEFULLY they are ok with that and don't just go to the next candidate. Then give your 2 weeks notice. Hopefully at that point they don't just fire you but accept it and let you quit gracefully so that you get your accumulated retirement funds, any money owed, vacation pay etc. I imagine if you are fired then you lose all that.

I'm not sure I'd want to work for a company that wouldn't let me give 2 weeks notice. That speaks a lot about their business practices in general. FWIW most places, retirement funds, back pay, accumulated vacation are all legally owed to you. The retirement is subject to vesting sometimes if they have a contribution plan or stock options though.