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  • Could you legally get fired for having your resume on Monster?

    My wife heard her company has called people into the HR office and suggested employees could face losing their jobs if they have a resume on Monster, or another job posting site.

    I told her that's BS, and they could get in trouble for threatening someone's job, just for posting a resume on-line. Honestly, how the heck is that fair or even legal? They can let you go anytime, but you can't post a resume online while working? How do they think they found current employees before they were hired at that company? They had to leave somewhere.

    Could someone sue a company that fired someone for such a thing?

    I just don't see how they could legally enforce a policy like that without committing employees to contracts. I always thought when working for a company, you agree that they can release you at any time (unless you're union, or with a contract, etc.), and they pretty much have to deal with you giving them a courtesy of two weeks notice, if you want to leave on generally good terms. That's always been my understanding of working corporate in the US.
    wieNerDog

  • #2
    I have found that as long as a company has a policy and procedure for something and you agree to it by working for them...... they can get away with just about anything.
    _______________________________________
    Hello... My name is Kittie and I'm a Font-a-holic.

    Daily Trivia Game ...GDF Fantasy Football League

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    • #3
      That sounds pretty crappy but I'm sure she signed a bunch of stuff when she started, I know every time I've started a job they give me a stack of papers to "read" and who knows what it said on one of those sheets of paper - it doesn't seem fair, but such is life!
      SIZE DOES MATTER!

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      • #4
        I have my resume on Monster. It doesn't have my name or exactly where I live. There's no way that an employer... mine or yours, could see who I am, so, no I'm not worried.
        People tell me "Have a Good One!' Hell, I already have a good one, I just need a BIGGER one! - George Carlin

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        • #5
          I think it partly depends on wether they are using company time to seek out work.

          Policies are policies and they can pretty much do whatever they want as long as they are adherring to labour standards.

          Even if there isn't a law against it (there may or may not be in the US) then they can still use their "policies" to suddenly create some heat and eventually get rid of you under some other mundane policy. Unfortunetly it happens too often.
          Sometimes I wonder if these policies are created not only to protect the employer but to assist in legally get rid of company 'fat" or troublemakers etc.

          You could be looking for work on company time then bang, suddenly your coming in late twice a week is grounds for being fired. I have seen this happen alot in my career.
          "You're just jealous because YOUR hat doesn't have a clock in it!"

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          • #6
            Sorry, I should have clarified. This is NOT during company time, this is all done at home. Just by having it on-line, I can't imagine an employer having power over you OUTSIDE of the office. Clearly this can't be enforced, otherwise no one would be able to leave their current job. But the way this country works, I thought, was that you could always leave a job and take another one to better yourself/family. Your interest and loyalty to a company needs to be earned just as much as the other way around, really. 401 k plans, etc. are ways companies can curb turnover, but threatening your job because you have a resume on Monster?

            I also heard you can prevent current employers from seeing it on Monster. I'll have to look into that. If that's true, there's no way a company can enforce that.
            wieNerDog

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            • #7
              Just don't let people walk on you, especially an HR (assclown) department.

              They threaten you with termination for having a resume posted online, all I can really say, is let them. Take it to your state employment office, expain to them the situation, they will most likely say its utterly BS, and allow you to have unemployment, while you look for another job. Just dont quit, its harder to get unemployment if you quit, than if you get fired (depending on the situation, this would be a reason you should beable to get it).

              I usually won't let people threaten me, or give me a line of BS when my livelyhood is being threatened.
              pasยทsion
              If there is no passion in your life, then have you already lived? Find your passion, whatever it may be. Become it, and let it become you, and you will find great things happen for you, to you, and because of you.
              -T. Alan Armstrong

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              • #8
                good advice
                "You're just jealous because YOUR hat doesn't have a clock in it!"

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                • #9
                  My first responsibility is my family. They always come first. It's survival to keep an open window for better job opportunities.
                  People tell me "Have a Good One!' Hell, I already have a good one, I just need a BIGGER one! - George Carlin

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                  • #10
                    Don't employers realize that in the US it is common for people to move on to different pastures after several years? This isn't like a business in Japan where there's almost more of a lifelong relationship between employee and company. Kinda harkens to Ouchi's Theory Z.

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                    • #11
                      I would call the Department of Labor in your state. Not only could they be wrong, but they could also be fined and chided by the Labor Department. The department of labor is an excellent route to take because they have X amount of time to address your concerns. It could even be that because of this threat they have to pay money directly to anyone they threatened, but probably not. We were involved in a labor dispute once. The policies are so cut and dry that we knew before we filed for the investigation that we were gonna win. We won. If your wife gets fired over the complaint, then you are looking at a huge settlement!

                      Here's a link to the Greater Philadelphia regions office location and phone numbers. Click on your region and it will take you to the appropriate place to call.
                      http://www.dli.state.pa.us/landi/cwp...9&bc=0&c=28085

                      Good Luck!!
                      You're no longer a child when a mud puddle is an obstacle rather than an opportunity!

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                      • #12
                        I'm gonna go out on a limb and say no they really can't it's a breach of your privacy. You may be able to get them for wrongful termination, but the could also be covered by an employee at will protection...meaning either party can terminate at any time. If they do terminate anyone, I'd recommend a good lawyer, and requesting information so you may collect unemployment as well as maybe a severance package.

                        They may be biting themselves in the ass...lets just say perhaps, you as the designer were fired for having a resume up. Well, perhaps your company is not using, the most legal copies of the programs, or maybe they are knowingly breaching copyrights, or perhaps somebodies paid under the table, or maybe certain people of color are treated differently than the rest of the people...ie getting away with more and company is afraid of dumping them for discrimination suits. I've heard of these things happening all over the place...and if they operate in an underhanded manner...well perhaps it's time you show them the light of justice.

                        as sailor moon used to say

                        in the name of the moon i will punish you!
                        Tapp-d
                        "I has puter, I isam dsgna?!"

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                        • #13
                          Originally posted by reuber1
                          Don't employers realize that in the US it is common for people to move on to different pastures after several years? This isn't like a business in Japan where there's almost more of a lifelong relationship between employee and company. Kinda harkens to Ouchi's Theory Z.
                          my dad worked at polaroid 30 years...

                          lets say they had a small meltdown like enron, he got screwed out of alot of money, through forced employee stock purchases.
                          Tapp-d
                          "I has puter, I isam dsgna?!"

                          Comment


                          • #14
                            I was just pointing out that in general, people here in the states tend to move on to greener pastures, and employers who start firing people for posting resumes on Monster or CareerBuiler are blind to this. Or they're just trying to outright curb it, but then again, there tend to be reasons why people here move on.

                            Comment


                            • #15
                              Originally posted by cornfed
                              I would call the Department of Labor in your state. Not only could they be wrong, but they could also be fined and chided by the Labor Department. The department of labor is an excellent route to take because they have X amount of time to address your concerns. It could even be that because of this threat they have to pay money directly to anyone they threatened, but probably not. We were involved in a labor dispute once. The policies are so cut and dry that we knew before we filed for the investigation that we were gonna win. We won. If your wife gets fired over the complaint, then you are looking at a huge settlement!

                              Here's a link to the Greater Philadelphia regions office location and phone numbers. Click on your region and it will take you to the appropriate place to call.
                              http://www.dli.state.pa.us/landi/cwp...9&bc=0&c=28085

                              Good Luck!!
                              /\ /\ /\ Yeah, what she said.

                              Comment

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