['Termination']
['At-Will Employment']
03/11/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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The company likely can terminate because all states, except Montana, are “at-will” states, which means — barring an individual or union employment contract — it is acceptable to fire someone for any reason as long as the reason is not illegally discriminatory. It also means that the employee can quit for any reason.
Federal and state laws prohibit employers from terminating employees for discriminatory reasons such as race, sex, religion, gender, or age (40 and older). Employers are also prohibited from terminating employees for reporting illegal actions by their employer or asserting their workers’ rights. The decision to terminate, however, may depend on whether the employee has violated any company policies. The company may choose to discipline or terminate an employee for using company equipment to search for another job, or for job hunting on company time. If the employee’s job hunt is causing them to be distracted and to make mistakes, address those as performance issues. If they continue, the employee can be disciplined or terminated for those reasons.
Other reasons to terminate:
Ask why the employee is seeking a new job:
The decision to terminate may also depend on the employee’s reasons for job hunting. The employer should try to find out why a new job is being sought out. If the employee wants to change careers or simply needs to earn more money, the company might not consider those reasons to be worth terminating over. Keeping the lines of communication open may make the transition easier if the employee does, indeed, give notice.
Some people periodically wonder if the grass is greener somewhere else, and a job search may help them realize how good they have it. Looking for a different job could, in the long run, make that type of person a better employee.
Address the employee’s unhappiness:
Knowing the employee’s reason for looking could also help prevent others from leaving. Workplace surveys tend to indicate that many workers are unhappy. Often the dissatisfaction is caused by job stress and/or conflict with supervisors or managers.
The company may want to consider addressing the employee’s unhappiness at work rather than deciding on termination. It may be easier to improve the situation than replace a good employee. It may be true that this particular employee is not the only unhappy employee in the workplace. Addressing workplace issues could prevent others from following out the door.
If the employee wants to leave because of a poor cultural fit, or is somehow disgruntled, then it may be a good thing that a new job is being sought. The employee may have been a bad hire, and not someone who would be good team member long term. Perhaps it is best that the employee leaves of their own accord. It may not be necessary, or in the best interest of the company, however, to terminate employment.
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