Legal Question in Employment Law in West Virginia
Can I be fired for interviewing for another job?
I was fired from my job as a commission employee for tardiness. This was addressed after previous reprimands with my employer, and I was told verbally that they understood that b/c I was taking my children to school I would be tardy at times. Often I was there attending clients before I had a chance to sign in. In the last 6 months I was forced to participate in many illegal practices, incl. OSHA violations and fraud. I expressed my unwillingness to work under the conditions to employees in supervisory positions, and b/c of this began looking for another job. On the very day that I interviewed for another job, I was fired b/c of tardiness. In addition, my unemployment compensation(UC) benefits have been denied b/c the reason for fire is considered gross misconduct. I have appealed the UC decision and have a hearing scheduled. Is an ongoing, verbally agreed to lateness binding or can it be used as a reason to fire at will? My timecards can prove my tardiness was regular, but only on the day I interviewed was I consequently fired. Can an employee be fired in WV for seeking other employment? Can seeking other employment be veiled under termination for tardiness when it was an established practice?
1 Answer from Attorneys
Re: Can I be fired for interviewing for another job?
You can be fired for a pattern of tardiness, to which you admit. You don't get whistleblowe status unless you actually blew a whistle (reported the violations).
You DO, however, have an argument that you did not commit "gross misconduct," because you were vebally told that your tardiness was acceptable.
Appeal the denial.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
