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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption