Politics In The Workplace

There’s no doubt about it, politics has gone from a taboo topic shunned by polite society to the forefront of mainstream conversation. It’s almost impossible to avoid – even at work. One of the most common questions we get asked is, “Can I get fired for my political views?” The short answer is no, but there are exceptions.

California Labor Code 1101 and 1002 prohibit employers from

•  setting any policy that prevents employees from engaging in political activity or running for political office, or that tries to control or direct employees’ political activity,
•  attempting to control employees’ political activities by threatening to engage in political activity retaliation, or
• retaliating in any way against an employee for his/her political beliefs or activities.

Examples of employees who might have a case against their employer for political retaliation include:

•  A man who is fired for attending a political rally during non-work hours and posted about it on social media.
• A woman who is demoted after telling a coworker who she voted for in an election.
• An employer created and enforced a policy forbidding employees from running for public office.
• An employer attempts to influence employees to take or refrain from any particular course of political activity, including who to vote for.

In these cases, California employees may be able to sue their employer for public policy wrongful termination or wrongful constructive termination. Depending on the outcome, employees may be entitled to lost wages and benefits and/or damages for pain and suffering.

One common point of confusion is the First Amendment, which protects free speech. This amendment only protects the suppression of speech from government entities, not private employees. Political expression is also not protected by workplace discrimination or harassment laws.

Example of lawful restriction of political conversation in the workplace:

•  An employer restricts the ability of employees to engage in political discussion with clients or customers while at work.
• An employer forbids employees from using their position or job to promote political opinion that the employer does not support.

An employer can also restrict political activity if it interferes with an employee’s time on the job. For example, an employer may have a policy prohibiting employees from engaging in activities outside of work that are a significant time commitment without the employer’s approval. 

If you believe that you were fired or otherwise retaliated against at work because of your political activities, please contact us. We’re happy to look at your case free of charge and can help guide you as to the next steps.