Can my employer fire me for my political views or activities?

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salahilaw.com

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Many states have important legal protections for workers that are meant to guarantee citizens the freedom to participate in politics without facing retribution at work. California’s protections are amongst the most robust.

California Labor Code § 1102 provides that “[n]o employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.”

Similarly, California Labor Code § 1101 provides that “[n]o employer shall make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing employees from engaging in politics or from becoming candidates for public office. (b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.”

The California Supreme Court has held that the purpose of these laws is “to protect ‘the fundamental right of employees in general to engage in political activity without interference by employers.'” Gay L. Students Assn. v. Pac. Tel. & Tel. Co., 24 Cal. 3d 458, 487 (1979). The protections are not limited to partisan electoral activity (such as that for or against a political party or its candidates), but reach political activities like participating in litigation, wearing symbolic armbands, and associating with others for the advancement of beliefs and ideas. Id.

A California employer who violates these provisions can be sued for damages related to injuries caused by the violation. A growing number of people are reporting scrutiny at work for their political activities, including around the Black Lives Matter movement and those who are taking a stand against U.S. policy towards the war in Gaza.

If you work for a California company that has interfered with your ability to participate in political protests or other political activity, or has fired or threatened to fire you for those activities, you may have a legal claim. Contact Salahi PC for a free evaluation.