Wrongful Term? Boss found resume on Monster

[beanshome]

What is the name of your state?What is the name of your state? California

My husband has been looking for a new position recently. His boss saw his resume on Monster.com and let him go last week saying that he would rather lose him now than later. When the unemployement office called they said the stated reason for letting my husband go was that he was looking for another job. My husband was a 2 year employee in good standing and he NEVER used the computer at work to look for a job.

Can an employer really do this?

 

[cbg]

Yes, they can.

While I'm not saying I agree with your husband's employer, firing him because he is looking for another job is legal and does not meet the definition of a wrongful term.

Since the employer is being upfront about the reason for the termination, it is unlikely that unemployment will be denied.

 

[Beth3]

Can an employer really do this? Yes. This was not a wrongful (illegal) termination. Posting one's resume on such a public board as Monster.com is not particularly wise. I've seen several posts just like this on various employment law boards over the last several months - the boss saw an employee's resume and fired them.

It's extremely likely your husband will be eligible for unemployment benefits though. Looking for another job does not meet the definition of "willful misconduct" in UC reg's.

 

[beanshome]

Thank you

Thanks for your replies....I really didn't think this could happen...I guess it is a hard lesson learned. It did not seem like he was being denied unemployment on his phone interview (fingers crossed)...it's just that he would much rather be working.

Maybe it is all for the best anyway...

Thanks again.