Legal Question in Employment Law in California

Is it wrongful termination if an employee is terminated for looking for work?


Asked on 7/25/11, 9:00 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Of course not. It was a firing for 'cause'. You made it clear by looking for work elsewhere that you no longer sought to remain employed there.

Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages.

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Answered on 7/26/11, 10:46 am

They can fire you if they don't like the color of your socks, unless it is a pretext for illegal discrimination based on race, gender, or other legally protected class. They can certainly fire you for making it clear you would want to work elsewhere. They just helped you along.

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Answered on 7/26/11, 12:41 pm


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