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Wrongful Termination? Retaliation for seeking other Employment? Virginia

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  • Wrongful Termination? Retaliation for seeking other Employment? Virginia

    I currently work in Human Resources at a privately owned company in Virginia. I am in the process of being investigated by the Federal Govt. for a security clearance. The security clearance is required for a position I am being considered for by a government contractor. If the clearance is granted, I may have an opportunity to accept a position with the government contractor.

    My head supervisor, the HR Director of the company, was contacted by a federal investigator seeking information regarding my employment. This is standard procedure for anyone undergoing a security clearance investigation.

    When approached by my supervisor concerning my investigation, I was directed to have a conversation with her and our CFO (the CFO is my supervisors', supervisors' manager). During this meeting, I was severely yelled at and brought to tears by the HR Director. I was told that it was my responbility to inform her that I had interviewed with another company, even though I had not decided to submit a resignation to her.

    Ultimately, the HR Director decided that she will terminate my employment when she has found a replacement for my position, even though I have not submitted a resignation. She stated that she would separate my employment because I have applied for a position with another company.

    Is this wrongful? Am I being retaliated against for going through a new hire process with another company? Can your employment be legally terminated because you have applied for another position without notifying your current employer?

  • #2
    Is this wrongful? No.

    Am I being retaliated against for going through a new hire process with another company? I don't know. But even if you are, that is not illegal.

    Can your employment be legally terminated because you have applied for another position without notifying your current employer? Yes.
    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


    • #3
      Agree, your employer did nothing illegal.

      You might want to apply for unemployment ins. at this time if you have no
      other employment yet.
      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

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Trish, I'm sorry you were yelled at. I wish people would conduct themselves more professionally in the workplace. Hopefully the CFO who witnessed her behavior was not impressed with it.

        You work in HR, so you of all people should know that type of background check would involve a conversation with your supervisor. Is there a reason you didn't tell her before she learned of it from a phone call? Was the investigator asked not to contact your current employer?

        It sounds like her reaction to the news may have been the same regardless of whether you told her beforehand or not. Some employers consider it dishonest or disloyal to find another job while you are employed with them. Either way, it is not illegal to terminate someone for looking elsewhere for work.

        Hopefully your new job will work out better for you. Do not quit your current job, and do not turn in a resignation letter. That will hurt your chances of collecting unemployment. Wait for them to ask you to leave.

        Comment


        • #5
          Das ist in der Doktor!

          Originally posted by J.J. Brown View Post
          Trish, I'm sorry you were yelled at. I wish people would conduct themselves more professionally in the workplace. Hopefully the CFO who witnessed her behavior was not impressed with it.

          You work in HR, so you of all people should know that type of background check would involve a conversation with your supervisor. Is there a reason you didn't tell her before she learned of it from a phone call? Was the investigator asked not to contact your current employer?

          It sounds like her reaction to the news may have been the same regardless of whether you told her beforehand or not. Some employers consider it dishonest or disloyal to find another job while you are employed with them. Either way, it is not illegal to terminate someone for looking elsewhere for work.

          Hopefully your new job will work out better for you. Do not quit your current job, and do not turn in a resignation letter. That will hurt your chances of collecting unemployment. Wait for them to ask you to leave.
          I think what was ment to be said was,
          Wait for them to fire you...

          ..___________________
          ~ Free advice is like a public defender,
          ...you get what you pay for.

          Comment

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