Do you live in a right to work state? If so they can fire you for what ever reason they want. A women who had a political sticker on her car that her employer didn't like and ordered her to remove was fired when she refused.....and was unable to sue.
2007-03-20 07:46:53
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answer #1
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answered by FaerieWhings 7
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Unless you have a contract or a union you are an "at will" employee and have no protection. Your employer could fire you for dyeing your hair green if they wanted to. If your office is conservative and it is considered unprofessional you could be fired for having green hair. This is an extreme example but you get the point. At will employees can be fired or let go at any time, for any reason. Likewise, you are free to quit your job at any time and for any reason. Generally, speaking, to avoid potential lawuits employers are careful to document problems with performance and the manner in which they have tried to deal with you (meetings, warnings, etc.). But, yep, if your boss finds out your are job hunting or just does not like you they can come up with a reason to let you go. Shocking, but true. You can only get unemployment if you are laid off. If you are fired your employer is going to fight against paying the unemployment and if they can provide any kind of support for why you were fired (were you updating your resume on work time, using company fax machines and supplies to send resumes out, has your productivity dropped at all, any attendance or tardy issues, poor attitude, not a team player?) they will likely not have to pay unemployment.
2007-03-20 14:48:48
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answer #2
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answered by Rags to Riches 5
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It depends on where you work-- both geographically and for whom, but I recommend that you do your initial job search on the sly, and don't tell anyone that you're leaving until you have a new job, not even your best friend at work. Most prospective employers understand that you have to give notice and are willing to wait for you to do so.
Ask your new employer not to call your current boss until you've resigned officially, but give them older references so that they can make an informed decision. Be sure to call the people you select as references, and ask in advance for their permission to use them as such. That will give them time to think of a lot of nice things to say about you. And it goes without saying that you should never ask the wrong person to give you a reference.
If word does leak out that you're shopping around, and your employer fires you, unless you've done something wrong at work (consult your employee handbook for causes for termination), you can probably still collect unemployment insurance. Be sure to keep your employee handbook in case you have to appeal the labor board's decision.
Sometimes, if word gets back to the boss, he will often call you in and, long story short, offer you a raise/promotion in order to retain you. If you're tempted to take his offer ask for a day to consider it, and do it. Why did you decide to leave your current job in the first place? If it's low pay, then his offer might be worth taking. If you just don't like your job, no amount of money will make it better. Work should be interesting, fulfilling and even fun.
I know you didn't ask for all this advice, but it's something to consider. Good luck to you.
2007-03-20 15:12:17
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answer #3
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answered by KIZIAH 7
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Depends on the state that you live in. I am in Ohio and we are a "no cause" state, which means that my employer could fire me with no reason. As far as unemployment goes, if you are laid of or fired with out REASONABLE just cause you could get unemployment. It is weird because even though we are a no cause state, unemployment will still pay as long as you didnt quit. Keep in mind that your employer has the right to CONTEST your unemployment though, which sucks.
2007-03-20 14:46:45
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answer #4
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answered by Karen 3
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If you are in the US, you're probably an "at will" employee. That means either side (employee or employer) can end the working relationship at any time for any reason - or for no reason. This applies unless you are under a contract or union agreement that sets out different terms.
Wikipedia info:
At-will employment is a creation of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1]
Several exceptions to the doctrine exist.
Link for more information:
http://en.wikipedia.org/wiki/At-will
2007-03-20 14:46:15
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answer #5
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answered by fdm215 7
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Not legally but they can try to find another reason to fire you. If you tell them you are looking for a new job make sure you do everything else by the book so they do not find a legal reason. If you are fired for that reason go to the unemployment office and file for it you certainly qualify. Further more if you contact the labor board (check your local phone book for listings) they will assist you further in taking your previous employer to court. Anyone who tells you you can't has been bullied into believing that. there are laws to protect employees for a reason.
2007-03-20 14:47:41
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answer #6
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answered by teresacmt 5
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most employments are at will so the employer can fire you at will unless it violated discrimination laws, unless their is some kind of other agreement like a union contract
since you did not quit did you? you gave no notice to end employment? voluntary quit on your part makes you ineligible for unemployment
if they just fired you before you told them or implied you where leaving then you should be ok for unemployment
2007-03-20 14:47:09
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answer #7
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answered by goz1111 7
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If your employment is "At Will" you can be terminated for any reason whatsoever, or no reason at all.
If you voluntarily leave your job, you can not collect unemployment.
If you are fired, you can collect unemployment.
2007-03-20 14:45:44
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answer #8
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answered by Anonymous
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Sure they can, they can fire you for any reason they want....to qualify for unemployment you must have worked 6 months at the place you will be collecting funds from. And even then it is not guaranteed....good luck
2007-03-20 14:46:38
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answer #9
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answered by n4ughtyn4te 1
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Er no they can not fire you. To be fired you have to have commited an offence that is classified as gross misconduct or have gone through the 3 warning disciplinary system.
2007-03-20 14:46:47
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answer #10
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answered by Wayne Kerr 3
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