Can an Employer Fire Me for Political Activity

Employees in California are allowed to have their own political beliefs and engage in political activities outside of work, even if those beliefs and activities do not align with their employer. However, there are times when an employer has fired a worker for this very reason. If this has happened to you or a coworker, you may have a case for wrongful termination. To learn more about your legal options, call or contact a California employment law attorney in your area today to schedule a consultation.

California Labor Code Protections

The First Amendment of the U.S. Constitution does protect the freedom of speech, but it does not protect the suppression of speech by private employers. In addition, political ideology or activities are not considered protected character traits for the purposes of a workplace discrimination or harassment claim. However, California state law does provide protections for workers who hold certain political beliefs or engage in certain political activities.

Under two provisions of the state’s Labor Code, employers are prohibited from doing the following 

• Adopt or enforce any rule or policy forbidding or preventing employees from engaging or participating in politics or running for public office,
• Adopt or enforce any rule or policy that attempts to control or direct the political activities or affiliations of employees, or
• Use the threat of job termination to coerce, influence, or attempt to coerce or influence employees to take or refrain from any particular political activity.

It is important to note that these laws protect political beliefs or activity that are promulgated outside of the workplace. However, employers are allowed to restrict political speech and activities that take place during work or on the employer’s premises.

In addition, the reasons for the wrongful termination must be politically motivated and not for practical reasons. For example, an employer may be liable for wrongful termination if they fire an employee for volunteering for a liberal candidate in their off hours because the supervisor votes as a conservative, but the employer may not be liable if they terminate the employment of an employee who works full time and wins a political office that also requires full time work hours.

Compensation for Wrongful Termination

If an employee wins in a claim of wrongful termination based on political beliefs or activity, they are entitled to certain compensation under state law. This includes all lost wages and benefits, which is the amount of income and benefits that would have been earned at the terminated position minus the actual wages earned in any subsequent employment, in addition to damages for emotional distress or pain and suffering caused by the wrongful termination. An employer may also be ordered to pay punitive damages, which are additional damages meant to serve as punishment, if it is found that the employer engaged in malicious, fraudulent, or oppressive behavior.

Talk to an Attorney Now

If you believe that you were fired for your political beliefs, talk to an experienced California employment law attorney in your area today about filing a wrongful termination lawsuit against your former employer.