Legal Question in Employment Law in California

Retailation for interviewing w/competing companies.

I work in an industry where it seems everyone knows everyone. Yesterday I was called into my Managers office and was told that she found out I had an interview on Monday with a competing company and that I had interview with some of our clients. (My position is that of an Administrator and I do not have any company secrets to share.) My manager said she had talked to HR and that they were going to let me have two weeks off to look elsewhere then have the end of the month be my last day. Can I be fired for looking for employment elsewhere within the same industry and my employer finds out? Please let me know. Thank you.


Asked on 4/10/05, 1:23 am

2 Answers from Attorneys

Tom Walker Law Offices of Thomas C. Walker

Re: Retailation for interviewing w/competing companies.

I'm not sure you've said whether the rumor is true. Assuming it is, I think your answer is Yes. Certainly there are exceptions to the "at will" rule, but if an employer can fire your for no reason they can certainly fire you for being disloyal. If you think there is more to it than you've suggested, talk to an attorney. Good luck to you.

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Answered on 4/13/05, 6:49 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Retailation for interviewing w/competing companies.

Just as you have the right to terminate the employment relationship whenever you want to, so does the employer, as long as it is not for an unlawful reason. Now that they know you are looking to leave them for a competitor, how can you expect them to trust you? Of course they can let you go.

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Answered on 4/13/05, 8:16 pm


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