Can I get fired because I'm looking for a new job?

[mquinnemmy]

What is the name of your state (only U.S. law)? Illinois

Our company is not doing well and many of us feel we are going to be laid off soon. A former coworker found a new job and asked me for my resume before she left because she thought her recruiter could help me too. I messaged my former coworker on LinkedIn to see how things were going at her new job and she messaged me back (via LinkedIn) that I should forward her my resume again so she could give it to the recruiter. I messaged her back (on LinkedIn) to ask for her personal email.

Much to my surprise I then got an auto reply message from her prior work email (where I work) stating she no longer works at our company. Usually at work when someone leaves they keep the email acct open for a month or so and have someone monitor it for important work related emails. This means my coworker listed her work email address on LinkedIn and did not update it when she left.

Since LinkedIn forwards the entire conversation to the email address on file to alert the person they have a message this means that someone at my work will see it.

Can I be fired because they know I'm looking for a new job, and if so will I be able to collect unemployment, because this really has nothing to do with job performance.

 

[OHRoadwarrior]

Yes, they can.

 

[mquinnemmy]

Yes, they can.

Can they stop me from getting unemployment too?

 

[Proserpina]

Can they stop me from getting unemployment too?

The employer doesn't make the decision - that's the responsibility of the State. You won't know unless you try to file. Filing costs nothing, and you've got nothing to lose.

 

[swalsh411]

I will say without reservation that being fired because they found out you were looking for a new job is most certainly NOT misconduct and will not disqualify you from unemployment. (assuming you are financially qualified)

 

[commentator]

Agree. If you are monetarily qualified, and you were fired solely for the reason that they found you were looking for another job, particularly because this was stimulated by your suspicion that the company is doing poorly and may be about to lay people off or close, this is not misconduct. Your employer does not get to say whether or not you are able to draw benefits. In order to stop you from drawing benefits when fired, they'd have to show the unemployment system that they had a valid MISCONDUCT reason to terminate you. And that wouldn't be found to be one, in all probability. Be very careful that you DO NOT use their time, their email, their resources, even their postage and printer ink in your job search activities.

 

[Zigner]

Did you do this communicating and email forwarding on company time and/or on company computers?

 

[mquinnemmy]

Did you do this communicating and email forwarding on company time and/or on company computers?

All communication was done via my cell phone or ipad at home.

 

[swalsh411]

While I would certainly not recommend using employer resources inappropriately for personal reasons, if they allow it for other personal reasons, but fire you for it only because you were looking for a job, that is still not misconduct. In other words if they let Joe from accounting use the copier once in a while to print posters for his Church bake sale, but they fire you because you made copies of your resume, they will not be able to claim misconduct, at least not with success.

 

[disneykid52]

They can probably even fire you for shopping at the wrong grocery store