Employee went on a job interview

Recently we terminated an ee who went on a job interview. When questioned, the ee admitted it, so the decision was to terminate. The ee had made the statement "I didnt know you could fire someone for that." I do feel strongly that it was the right thing to do for varios reasons. However, I started to second guess myself and now I'm wondering if we can terminate for that reason without repercussions? What would you have done?

Comments

  • 17 Comments sorted by Votes Date Added
  • Certainly, this particular employee was NOT the first at your location that
    went on a job interview. How many of those others were fired ? How many employees who go on job interviews in the future do you intend to fire ? You have to be consistent one way or the other!

    I, too, would have second thoughts about this "can of worms". Is there any documentation to support a MORE vaild reason to fire the employee?


    Chari
  • Ditto the above post. Is your state "at-will". If so that might make a difference. I also wouldn't be surprised if the ee files for UI and wins. But the main thing is to stay consistent. If you know of other ee's that interviewed elsewhere and it didn't end the same way that wouldn't be good. The whole thing sounds a little harsh to me, but that's just me.
  • I too agree with the above posts. I do have a few questions though.

    Did the ee do this on company time? If they were on their own time, how can you terminate someone for trying to improve their life? Was there some other reason that you wanted this ee to be terminated?
  • What does your attendance policy say and what was the reason given by the employee for needing the time off? If you have a PTO bank and the employee scheduled a day off, we wouldn't have disciplined the individual.

    However, we would have used our progressive discipline policy had the employee called in that day (unscheduled) and claimed another reason (i.e. sick) then we would have grounds for termination for lying. This is assuming we would have a witness or proof the interview took place that day.
  • Uh,oh I went on a job interview last December. Should I fire myself? I agree with another poster, you shouldn't punish a person for trying to better themselves. If there are other reasons involved, then OK.
  • I agree with the other posts, how can you justify terminating someone for trying to better themselves, as long as they did not violate company policy? If this person went to a job interview on their own time and did not violate any other company policy, you may have a problem. I would document this situation in detail. Then contact your company's attorney to discuss the situation with them. They may consider this not a problem or possible instruct you concerning steps for damage control. In reality aren't most individuals "always" looking at what opportunities are out there?
  • Have to concur with my colleagues, if this person did it on their own time, I think you may have a problem. Also, think how this looked to the other employees at your work. Basically they saw a company that will fire you for trying to improve your life, on your own time, instead of supporting you.

    NOW, if it was on your company time, or they lied about being sick..fire them and be done with it. They lied to the company and abused company time and that is a discipline problem.

    I would like to know how you found out they were at the interview by the way...
    get called as a reference?? ;;)
  • Ok This is the worst case of termination I have heard. There had to be other reasons for the termination? Not a good performer, always sick, problem employee, frequent flyer on WC, etc....

    As an employer of choice I would want to know why he/she wanted to leave?(Seems obvious at this point in time) From a standpoint of the employee wanting to better his life, make more money, find something he truly enjoys, work different hours to be with his family more, I would say you took the "Human" side of HR and squashed that. No matter if you could fire him is not the direct point, why you would want to is the better one.

    I think in this day and age we must impose empathy in our lives. You too might be called by a headhunter or a nice ad in the paper one day, go for the interview just to see, and be found out that you went and be fired. How would you feel about the situation? To also throw another wrench into the mix...What about the employees that need a second job to pay rent and go on an interview, it's not to replace this job, but it's still an interview!

    We have different "disciplinary " procedures at our place with one being primary violations (immediate termination) and secondary violations (1st offense- verbal warning, 2nd- letter in file and maybe time off , 3rd possible termination) If it was on company time and he/she called in sick it would NOT be a primary. xB-)
  • I dont think the sarcasm was necessary. It's pretty sad when you post looking for advice and support but get shot down with nasty responses.

    I have never seen so many asumptions made. I do admit that I left out information but I feel it would have been best to look at the situation from every angle before you responded. Why most of the posts would assume that we were just plain heartless and terminated the employee just for being on a job interview I dont know. Were all HR Professionals here, do you really think that another HR professional would allow something like that to happen. As HR professionals we do have a Code of Ethics.

    To begin, Yes it was on company time. EE called in to say she was not feeling well and would be stopping by her doctor's office before she came in. She came in around noon and told another manager she was on a job interview. When questioned, the ee stated she was looking elsewhere because she was not happy here and didnt get along with her current manager. I was witness to this statement. I have of course looked into that further and found the manager doing nothing wrong and that the employee has been difficult since the day the manager took over the department.

    Now, you think that ER should continue to pay an employees salary while we know they are looking for another job. Second, as a company we must worry about allowing the employee to continue employment for many reasons:

    1) Proprietary info could walk out our door.
    2) The ee is unhappy and hates her manager, do you think the ee will put 100% effort into the job everyday and get the job done. Of course not, the ee is no longer focused on the job or committed to the company. They are on the internet looking for a new job and on the phone scheduling the next interview.
    3) We also have the concern the ee could deliberately make mistakes on her files which would cause a financial loss for the company.

    Im sure I could think of more reasons. By the way these are some of the same reasons why a company might let someone go on the spot who just resigned and gave a 2 week notice.


  • hrjen, from my perspective, it is just part of doing business. There will always be employees seeking other employment and some of them because they are not happy where they are. I am certain that anyone at our general office who found another job did their interviewing on company time since our normal business hours are M-F, 8AM-5PM. Frankly, it is not an issue for us. Now, I could be wrong - and it won't be the first time - but it sounded like you were making assumptions that this employee would not put 100% effort, be focused etc. and terminated that employee based upon assumptions. Since, I have seen many employees come and go in our company, I can assure you that is not always the case. But, if that employees performance slipped, it would be addressed as it would with anyone else whose performance slipped.

    Elizabeth
  • >I dont think the sarcasm was necessary. It's pretty sad when you post
    >looking for advice and support but get shot down with nasty responses.
    >
    >I have never seen so many asumptions made. I do admit that I left out
    >information but I feel it would have been best to look at the
    >situation from every angle before you responded. Why most of the posts
    >would assume that we were just plain heartless and terminated the
    >employee just for being on a job interview I dont know.

    I answered based on your original post which led us to believe this person was terminated solely because they interviewed elsewhere. Period... no other reason given. I wasn't being sarcastic and I didn't read the other posts as sarcastic, more like concerned that you may have made a costly error.

    And Balloonman's example of one of his previous employers makes me realize I don't have it so bad after all. One day when I was leaving early, my VP joked about my going on a job interview. I wasn't and I'm still here.
  • I had an employer that went out of their way to prevent us from interviewing. It was a plant start up for Armour Swift Eckrich, and they would work us partial days on Saturday, and schedule training for then. It took a lot of extra work on my part, some Saturday interview, some evening. I had one out of town interview I had to cancell twice, finally had it scheduled on a Saturday I was supposed to have off, then that Thursday evening I was informed that we would be have xyz training on Saturday. I called in sick.
    When I did give notice the plant manager's first response was: "When did you have time..... and then he stopped. Confirmed what I knew, they were actively working to prevent the folks from being able to look for another opportunity.
    My $0.02 worth.
    DJ The Balloonman
  • Slow down HRjen. You got what you asked for, and without everyone knowing....."the rest of the story".....you cannot blame the folks for the responses that you got, even if they seem a little harsh. At the place AS-E that I referred to that actively tried to prevent others from finding a job, I was working my butt off 60-70 hour weeks, and when people found out I gave notice more than one said they were shocked as I was one of the happier management people that worked there. I was also a great actor, I was miserable. Would they have fired me had they found out about the Saturday interview, yes. They went to my apartment, saw I was not there and were going to jump me Monday morning. I received a phone call Sunday night from a mgmt. team member warning me so I could be ready. Fortunately for me I did get sick on the flight back...lol, so I showed up sick that Monday morning, told them I had to go to the doctor, and did so they left it alone.
    We all need to have a light teflon coating on here :-D
    Now based on the full story I am willing to bet my $0.02 worth that you would have gotten different responses.
    I hope you have a great day Jen. I know it will be better than mine, I have two people I am letting go today, already did one, waiting for the other to come into the office.

    My $0.02 worth
    DJ The Balloonman.
  • HRjen,
    In response to your second post, I want you to know I don't think anyone meant to offend you, as balloonman stated, there was an assumption based on a lack of information and now that we have the information we can better assist you should you still desire it. I must say from your post however, that it still appears as though you fired the employee on the ASSUMPTION that they would perform a certain way and not on concrete performance issues. As this is what you were wondering about in your original post, I don't feel remiss in pointing this out to you. From what I see, you had grounds to discipline for the lie concerning sick time, but I would be careful about assuming someone will act a certain way, when the offenses haven't occurred..this can get us HR people in trouble sometimes ;;) and is probably the only thing I can see being a problem raised by the former employee. It being said, they will most like file for unemployement, get it and you can be done with it. Have a great day!
  • So your original question should have been: "Can we terminate an EE for dishonesty and inappropriate use of sick time?" The answer to that question seems self-evident.
  • Thanks everyone, I appreciate your time and help. I do apologize for the lack of info. Have a wonderful day. :o)
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-04-03 AT 10:17AM (CST)[/font][p]One more issue to consider. In the twenty-plus years I've worked for my employer, I've been on a few interviews. In past years, I discovered by investigating other opportunities, my job and employer were not so bad after all. In fact, by interviewing for other jobs, I didn't find anything that offered more than what I had. I never interviewed on company time, never lied about absences and as far as I know, no one was even aware that I "strayed". By looking elsewhere, my attention to my job increased and, I guess, reinforced loyalty to the company. If I had been faced with the situation you describe, I think I would have let it go, as long as the employee's performance hasn't suffered and he/she has been counseled about inappropriate use of company time. Did anyone think to ask the employee why he/she was so unhappy that they wanted to make a change? That might have been a good opportunity to rehabilitate a decent employee. Especially, if like me, he/she didn't discover greener pastures during their search.

    As I stated above, in past years I didn't find anything to tempt me away, today, however, well - that's an entirely different thread...
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