Through the ages, people have made their grievances known through protesting. Protests help bring societal change, such as women’s suffrage and civil rights laws.
In recent times, hundreds of thousands have gathered in small towns and large cities in an attempt to push back at policies they consider to be unfair. But are there repercussions for protesting? If your boss has different political views, can they fire you for protesting, or is that a violation of your rights?
The First Amendment
Many people believe the First Amendment regarding freedom of speech and assembly applies to employers. In reality, it only restricts government action and prevents it from silencing your speech. If you work for a private company and participate in a protest, your employer can legally terminate you in most cases.
Even though the federal government doesn’t offer First Amendment protections for private employees, some laws provide safeguards. California’s labor code prohibits employers from controlling their employees’ political beliefs or activities. This means that employees can express their political views and participate in political activities without fear of an adverse reaction from their company.
However, much could depend on the court’s interpretation of “activity” and whether it extends to all forms of protesting. Furthermore, California is an at-will employment state, which means that an employer can fire an employee for almost any reason, making it challenging to prove protest-related retaliation.
You should be able to make your voice heard without the fear of retaliation. If you believe that your boss is punishing you for your political stance, document any negative consequences and contact us to discuss your situation. If you’re passionate about a cause, you shouldn’t have to choose between your beliefs and your job.