Can an employee be fired if her employer company finds her resume as "available" through an online recruiting firm? And, what if that employee is currently on a leave of absence?

Ann Kiernan replies:

Yes, the doctrine of at-will employment allows employers to fire employees who are looking for another job! Some employers simply don't want to have a disgruntled worker around, due to concerns about productivity, lowered morale, and perceived security risks.

And, if the worker is on a medical leave of absence, such as under the Family and Medical Leave Act, or is collecting disability or Worker's Compensation benefits, all the worker's efforts are supposed to go into recuperation. If the employee is well enough to be looking for a job, he/she is probably well enough to go back to work!

If you're an employee who's been a victim of a layoff or firing, find out whether your rights were violated with our Wrongful Termination Guide.