Can I fire an employee who was caught job hunting and applying on-line during their registered working hours?

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Can I fire an employee who was caught job hunting and applying on-line during their registered working hours?

Our company posted an ad for a position that has recently been opened to be filled-up. It was an ad that did not require the identity of the employer we received several applications on-line among them was one of our present employee’s resume/application. Her sent resume via e-mail proved that she was job hunting was able to send her resume on-line, during her paid shift schedule. What employment law has she broken if she has not, how can we dismiss her, considering that there is already a loss of trust confidence issue.

Asked on July 14, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Is there an employment contract or union agreement that prohibits her firing under the circumstances? If not, the she is an "at will" employee and as her employer, you can fire her for the reason that you give, or for any reason, or for no reason at all (with or without notice). The fact is that you can set the conditions of work much as you see fit, absent any form of legally actionable discrimination.


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