Freedom of speech is a hallmark of our country. While commonly understood as the right of a person to say whatever they want, there are certain scenarios where this right can infringe on others. At other times, a person’s speech outside of work can have an impact on their relationship with other employees and the employer itself. Freedom of speech is a Constitutionally protected act, but California has its own set of laws governing speech that can be important to understand when that speech occurs outside of work.
Freedom of Speech in California
Again, every United States citizen is aware that they have a right to free speech under the First Amendment. Similarly, California law allows for freedom of speech and expression for all citizens, and also holds that no law may abridge this right.
As it pertains to political speech, the California Labor Code protects employees from adverse action on the part of their employer due to the employee’s political activities outside of work. Specifically, the law does not allow employers to make or enforce any policy that attempts to control the employee’s political activity. Section 1102 of the code deems it illegal for any employer to threaten or discharge an employee because of their political activity.
Types of Political Speech
Political speech or activity can mean a variety of different things. Even though political speech is protected outside of work, an employee should still be cognizant of how their speech or political activity reflects on the company, as well as how it can affect the relationship with fellow employees. Here are some of the more common examples of political speech:
- Campaigning for (or against) candidates in elections
- Distributing campaign materials
- Organizing or managing political rallies or meetings
- Circulating nominating petitions
- Working to register voters
- Making campaign speeches or contributions to particular candidates
It’s also important to understand that while employers cannot, by law, restrict or discriminate against an employee because of their political views, they have certain latitude to put restraints on political discussions and activities that occur while employees are “on the clock”. However, this can be a slippery slope. Employers must be careful when they try to restrict these types of discussions, as the law protects the employee and opens the employer up to potential legal action.
California Wrongful Termination Law and Exceptions
In California, employers cannot discriminate against workers based on political speech and affiliation, especially outside of work. Still, even though employees can engage in political activities outside of their working hours without fear of retaliation from their employers, there are certain scenarios where an employee’s outside of work political speech or activity can lead to discipline or termination.
One such exception would be if the employee works under a contract. If the employee’s political activities violate a contract clause, the employer can terminate them. If, for example, an employee is arrested during a political protest, your employer could fire you because your arrest violated the terms of your agreement.
Further, if the employee’s political speech or activity ventures into one of the following categories, their protection under the law could be compromised:
- The speech is meant to incite violence
- The speech is insulting or confrontational
- The speech is obscene
- The speech is defamatory
- The speech is such that a more compelling interest outweighs the person’s individual freedom
Outside of those exceptions, California law is on the side of the employee. If an employee feels like they have been discriminated against for their political beliefs, our experienced California employment lawyers can help you understand what your rights are and what next steps to take. In most cases, this means filing a wrongful termination lawsuit against the employer. A successful wrongful termination lawsuit can recoup the employee’s:
- Lost wages and benefits
- Attorneys’ fees and costs
- Damages for emotional distress
- Punitive damages in extreme cases
Work With Skilled California Political Speech Lawyers
When an employee is outside of work, there should be a reasonable expectation that their speech or actions won’t affect their relationships inside of the work environment. At Maison Law, we proudly serve California clients that have suffered discrimination in the workplace for their political speech outside of work. We are proud to offer free consultations, and can be reached anytime by filling out this contact form.
