The First Amendment does not workers who protest if their boss decides to fire them. Knowing speech law in an era of protest is important job training.
Recent Google worker protests over the tech giant's contracts in Israel led to employees being fired.In an era of intense political protests, and an election season, knowing your speech rights as an employee are important to job security, especially for younger millennial and Gen Z workers more inclined to speak out.
Here's where to start in understanding employee rights versus the rights of a company to discipline workers up to and including dismissal:High school valedictorian delivers poignant graduation speech hours after father's funeral Broadly speaking, the federal government is not allowed to limit your ability to speak, but the same is not true for private employers, Page said. However, there are certain state laws that protect an employee's right to speak, and there are certain protections for union members, who have some built-in protections under the National Labor Relations Act.
In California, for example, there are protections for workers' expression of political ideas, which has been interpreted broadly, especially when an employee can show, for instance, that an employer has a pattern of discrimination when it comes to that employee. In many cases, courts have allowed lawsuits to proceed past summary judgment because there are significant enough questions of fact to allow it to move forward.Discipline and termination are always risks.
"If you work for a company whose biggest clients include oil industry titans and you chain yourself to a tree because you're protesting oil drilling, you can get fired for that," Page said. In the end, employers have a much better case for a reasonable business justification for termination if a worker breaks the law, acts violently, incites violence, or states blatantly hateful, violent or discriminatory things, said Devin McRae, partner at Early Sullivan Wright Gizer & McRae. Also, don't skip work without permission and don't lie to your employer by taking a sick day, for example, and then attend a public protest.
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