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  • At Will State Illinois

    Can I fire someone for looking for a job if not part of policy?

    Can I fire someone for a rumor of looking for a job?

    If I state this person is being let go for looking for a job or applying for a job do I have to prove it?

    Nervous employer in Illinois!

  • #2
    Assuming no bona fide employment contract that prohibits it:

    Yes and yes. Just because it's not in a policy doesn't mean it is prohibited. But why would you do that? Is the employee underperforming now or using work time to conduct his/her job search?

    No. But prove it to whom?
    Last edited by Pattymd; 02-10-2009, 03:34 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Yes, yes and no.

      Whether doing so is a smart idea, is a different question.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        There is no contract.

        This employee is not showing loyalty, did job very well no problems. We also felt employee was overpaid, ended up hiring someone else at a lower rate with different title.

        This employee said 'prove I was looking for a job' when told that is the reason for being let go. Actually my Manager said 'I do not know why you are being let go, something about looking for a job' which is not what should have been said. So do we have to prove to the employee that we found out?

        I saw an entry on another site that states ' if you give a reason you have to have proof or records of it'.

        And cbg what do you mean when you say

        Whether doing so is a smart idea, is a different question.


        As an owner I am concerned that this was not the right way to let this person go, I wanted it to just end without giving any reasons but this was not done.

        Still concerned..

        Comment


        • #5
          You are not required by any law to prove he was looking for another job or to justify your decision to term him.

          However, this is exactly what I meant by "a smart idea". Just because you CAN let someone go does not mean that you SHOULD. In this case, the only reason you have given was that he was "not showing loyalty" and you felt he was overpaid. Well, if he's overpaid but doing his job well, you can leave it alone or you can reduce his rate. So what does, "not showing loyalty" mean? Depending on what you meant by that, it might or might not have been a good idea to term him, even though by your description it was legal to do so.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Loyalty to us because employee was looking for a job.

            Comment


            • #7
              Originally posted by blueeyed View Post
              Loyalty to us because employee was looking for a job.

              You're expecting employees to stay with you forever? What are you giving them to instill that type of loyalty? IMHO, you're being unrealistic and, if I may say so, petty. People are always going to try to improve themselves and their working conditions. If they were all that happy there, you think they'd be looking? That type of "loyalty" hasn't been common since the 50's.

              Surveys have shown that employees most often look to leave their current employer because 1) problems with their direct supervisor and 2) (less common, but still up there) petty stuff, like not being given the tools to do their job. It's not normally just money or benefits.
              Last edited by Pattymd; 02-11-2009, 05:43 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Okay, it's as I said.

                This was a legal reason to let him go. Nothing you have stated convinces me that it was a smart reason to let him go.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  So you are saying its a legal but not smart?

                  I see now, thanks.
                  Last edited by blueeyed; 02-11-2009, 06:32 AM.

                  Comment


                  • #10
                    You're doing a lot of decision making based on rumor and that appears to be what is getting you into trouble.

                    I would never tell anyone NOT to talk to a lawyer but until you ACTUALLY receive notice from his attorney that there is action being placed against you (and unless there is more to the story than you are telling us I can't imagine what case he would have) I don't think it's something you need to jump to immediately.

                    If you receive any communications from his lawyer then yes, you would need to contact one. Until then, you probably do not need to hire one, though if you have a corporate counsel it couldn't hurt to run it by them.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Also, the OP seems to be saying that if I was working for the company that I could get anyone I did not like fired by simply starting the rumor that they were looking for a job elsewhere.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        Yes this was a rumor, I had no proof that my employee was looking someone told me this.

                        Comment


                        • #13
                          Originally posted by DAW View Post
                          Also, the OP seems to be saying that if I was working for the company that I could get anyone I did not like fired by simply starting the rumor that they were looking for a job elsewhere.
                          And if that gets around, what type of "loyalty" do you think there's going to be then?
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            You're firing people based on rumors but you expect blind loyalty from them?

                            Please tell me that you understand the irony of this.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Even though it was legal, I don't understand either why you would terminate someone based on a rumor of looking for another job & that you had no proof of it being true.
                              Last edited by Betty3; 02-11-2009, 12:26 PM.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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                              Comment

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