When Can You Get Fired for Looking for Another Job?

As unjust as it might seem, most employees in the United States can be fired for looking for another job.

Why? Because the majority of U.S. workers are at-will employees. At-will employment means that you or the employer has the right to end the employment relationship for almost any reason, or no reason, with or without notice.

Can You Get Fired for Job Searching?

Termination of an employee without cause is legal in practically every state, except Montana. In that state, employment law prevents termination for unspecified reasons after a 12- to 18-month probationary period. After the probationary period, termination in Montana must be "for good cause." 

This means that in 49 states and the District of Columbia, your employer can fire you for looking for another job—or any other reason provided it isn't discriminatory.

Discriminatory Termination Is Against the Law

Federal and state laws prohibit employers from terminating employees for discriminatory reasons such as race, religion, gender, or age (40 and older). Nor can employers terminate workers for reporting illegal actions by their employer or asserting their rights as a worker.

Employment Agreement Protections

In some cases, employees who are covered by individual or union employment contracts may be protected against such a firing, depending on the stipulations in their agreements.

Why Look for Work When You Have a Job? 

Research shows you’re more likely to get a job offer when you’re employed. Economists at Columbia University and the Federal Reserve Banks of New York and Chicago found that employed workers who were looking for work were more likely to receive offers than unemployed workers. They were also offered higher starting salaries.

Why are you likely to get a higher offer while you’re employed? For one thing, hiring managers don’t know that you’re eager to make the leap, so you can ask for more than you would if you were unemployed. And for the most part, you should negotiate.

Because most employers calculate raises and bonuses as a percentage of current earnings, failure to negotiate new job offers can lower your earnings well into the future. Over the course of your career, not negotiating could cost you up to $1 million.

How To Job Search When You’re Employed

The bad news, of course, is that you’ll have to be a little sneaky. The best strategy to avoid a firing is to carry out a discreet job search. Here’s how:

Be a low-key job seeker. Don't browse job sites at work, refrain from sharing your job search efforts with fellow employees, and avoid taking any phone calls or sending any emails about your job search while in the office. Don’t boast about interviewing with employers, don't project the job-seeker image by dressing conservatively if your workplace has a casual dress code, and avoid listing your current supervisor as a reference that prospective employers can call for a reference.

Don’t post your resume online where your employer might be able to discover your status as a job seeker. Update your LinkedIn and other social media profiles, but don’t make your job search obvious in headlines or status updates.

Use your personal phone number and email address. Don't use your office phone or corporate email for job-search-related communications.

Don’t use your company computer or cellphone to job search. Clearing your browser history might not be enough to keep your activities under wraps. A Gartner survey showed that 50% of large corporations are using some kind of non-traditional employee monitoring tools like email scraping, workspace usage tracking, or data aggregation.

Be candid with the hiring manager if you’re notified that you're a final candidate for selection. Explain that your current employer doesn't know that you're looking for another job. If at all possible, ask prospective employers to hold off calling your current employer until they're certain an employment offer is imminent.

Don’t job search on the company time. Do your online job searching after hours and return phone calls from prospective employers either during non-work hours or on your break—and on your personal phone.

Be careful about which colleagues you ask for a reference. If your teammate is known for being indiscreet about office gossip, think twice about asking them to provide you with an employment reference. Focus on former co-workers, bosses, and contacts from outside the company whenever possible.

Choose interview times carefully. Choose an early or late interview time or take a personal day. Avoid interviewing during your lunch hour—you don’t want to have to cut things short because you need to be back at work for the 1 p.m. meeting.

And keep your excuses as honest as possible, without giving away the details, e.g., “I’m taking a personal day,” not “I have the flu, but I’ll be in tomorrow.” Remember the old saying: if you don’t lie, you never have to remember anything.

Frequently Asked Questions (FAQs)