Numerous laws and regulations exist to protect employees from termination
due to discrimination. While these laws maintain that employers may not
fire workers based on characteristics such as age, sex, race, or religion,
most private employment regulations provide no such protection for workers’
political views in most states. Fortunately, the state of California has
enacted additional legislation banning employers from firing employees
based on their political views or activities. If you believe you have
suffered or are facing unlawful termination in San Jose, CA, based on
your political views, it’s vital to seek the assistance of an
employment lawyer to help you handle this situation.
Your Employee Rights
California is one of only four states that currently maintains legislation
to protect employees from termination based on their political stance.
The state’s laws cover both “on-duty” and “off-duty”
activities, meaning you are protected from unlawful termination regardless
of whether you choose to voice your political views while at the workplace
and on the clock, or in your spare time after work or on the weekends.
However, it’s important to note that these laws only maintain that
it is unlawful to terminate private employees based on their political
views and actions so long as they do not interfere with the functioning
of the business. There are also restrictions regarding work uniforms,
which typically prohibit the display of political buttons or stickers
while subject to an employee dress code.
Your Legal Options
If you have been terminated or are being threatened with termination that
you believe is based on your political views or past actions, it’s
essential to seek professional employment law advice. Additionally, if
you believe your employer is trying to influence your political activities
or affiliations, you may also have legal grounds for action. Because
California’s labor code
differs from labor codes in most states, and because state laws do have
certain caveats and limitations, working with an employee rights lawyer
is the best way to ensure your case is handled correctly.