Can My Boss Fire Me for Job Hunting?
A 2025 guide for Southern California employees from Fraigun Law Group, representing workers across Los Angeles, Ventura, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Kern, and Imperial Counties.
You polish your résumé after hours. You take a recruiter call on your lunch break. Then you hear a rumor that your manager knows you are looking. The question hits hard: can I be fired in California just because I am job hunting?
The answer depends on how and why your employer acts. California is an at-will employment state, which generally means an employer can terminate you for almost any reason or for no reason at all unless that reason violates a specific law or an existing contract. That distinction is crucial. Below we explain what California law says in 2025, highlight recent cases and workplace trends, and outline steps you can take if you think your employer crossed a legal line.
At Will Employment: The Starting Point
California Labor Code Section 2922 sets the baseline: employment with no fixed term is at will. An employer may terminate you for any reason that is not illegal such as poor performance or downsizing and yes even for job hunting.
But “any reason” has limits. Your company cannot fire you for a prohibited reason or in violation of an agreement. Those limits include discrimination protections, public policy, whistleblower protections, and contractual rights.
When Firing a Job Seeker Becomes Illegal
Even in an at will state your boss cannot retaliate when protected rights are involved.
1. Retaliation for Protected Activity
If you are looking for another job because you opposed harassment, reported wage theft, requested medical leave, or exercised any right under the California Labor Code or the Fair Employment and Housing Act a firing tied to that protected activity can be illegal. For example if you told HR you are interviewing elsewhere because of ongoing sexual harassment, termination soon after could support a retaliation claim.
2. Discrimination
Employers cannot terminate you because of protected characteristics such as race, gender, religion, disability, sexual orientation, age over forty, or gender identity and expression. If the “job search” explanation is a cover for bias that is illegal discrimination.
3. Contract or Policy Protections
A union contract, written employment agreement, or company handbook promising “just cause” or progressive discipline can override at will status. If your offer letter or collective bargaining agreement limits termination to “for cause” situations you may have a contractual claim if fired simply for exploring other opportunities.
4. Privacy Violations
California’s constitutional right to privacy can come into play if your employer snoops unlawfully, for example breaking into personal email or recording private conversations to discover your job search. Evidence gathered through illegal surveillance may expose the employer to liability even if termination itself might otherwise be allowed.
What Employers Can and Cannot Do to Monitor You
Many companies watch digital activity. They can generally review company owned email, devices, and networks. They cannot however hack your personal accounts or intercept personal communications without consent.
If you job hunt on a personal phone, personal email, and outside of work hours your employer’s ability to discover it is limited. California’s strong privacy laws including the California Consumer Privacy Act amendments effective 2023 reinforce those boundaries.
Recent Cases and News
Tech Layoffs and Retaliation Claims 2024–2025
As major California tech firms downsized, the Labor Commissioner saw a rise in retaliation complaints where employees alleged they were targeted after signaling they were seeking other work. Investigations focused on whether the stated reason for job hunting masked discrimination or retaliation for prior complaints.
Privacy Litigation Surge
Several 2024 lawsuits challenged employers who installed hidden monitoring apps on company laptops without notice. Courts reaffirmed that California’s privacy protections apply even when equipment is employer issued if monitoring exceeds disclosed limits.
These cases show that how an employer discovers your job search can be as important legally as the termination itself.
Practical Tips If You Are Job Hunting
- Use Personal Devices and Accounts
Keep all applications, emails, and recruiter chats on your own phone or home computer. Avoid using company Wi Fi for interviews or job related calls. - Check Contracts and Handbooks
Review your offer letter and employee handbook. Look for clauses on termination, progressive discipline, or required notice. - Document Retaliation
If you have complained about harassment, wage issues, or other protected matters, keep a record of dates and communications. Sudden discipline after a known complaint can indicate retaliation. - Mind Non Compete and Confidentiality Rules
California bans most non compete agreements and 2024’s SB 699 strengthened that ban but confidentiality and trade secret laws still apply. Take only what is yours.
Morality Vs. Legality
From a moral perspective firing someone merely for planning a next career step feels wrong and it often backfires on employers who need goodwill and retention. But legality does not always match fairness. Unless a firing violates discrimination, retaliation, contract, or privacy laws it may be legal even if it feels punitive. That tension is why documentation, careful job search practices, and early legal advice matter.
How Fraigun Law Group Can Help
Fraigun Law Group represents employees across Southern California who believe they were wrongfully terminated or retaliated against. We examine:
- Whether your job search was used as a pretext for discrimination or retaliation.
- Whether your employer violated California privacy protections to learn about your search.
- Whether an employment contract, union agreement, or handbook required just cause.
If you have been disciplined or fired after your employer discovered your job search contact us promptly. California generally gives you three years to file a claim with the Civil Rights Department for discrimination or retaliation but earlier action protects evidence and options.
Bottom Line
In California looking for another job is not itself a protected activity and at will employment means your boss can fire you for it unless the firing violates anti discrimination laws, retaliates for protected actions, breaches a contract, or stems from illegal surveillance. Protect your privacy, know your rights, and if you suspect retaliation or discrimination reach out to Fraigun Law Group for guidance.
