No one should lose their livelihood for exercising one of the most fundamental rights in America: the right to speak freely about politics, even if you are criticizing popular people like Charlie Kirk. Lately, we have heard from employees suffering adverse actions just because they are giving their opinions under the First Amendment. We may not agree with their opinions, but we strongly believe that everyone has the right to free speech If you got disciplined, demoted, or fired because you criticized a political figure or expressed a political opinion, you may have a case. And we can help.
In addition to the First Amendment of the United States Constitution, California has some of the strongest worker protections in the country when it comes to political activity. Specifically Labor Code § 98.6 states that employers may not “discharge, discriminate, retaliate or take any adverse action against an employee or job applicant for engaging in certain types of conduct protected by the Labor Code.” That protection even extends to situations where an employer retaliates because a family member of the employee engaged in protected conduct. Among the conduct explicitly protected by California law are political activities, as spelled out in Labor Code § 1101.
These laws mean that an employer cannot lawfully punish you for participating in politics, holding political beliefs, or speaking out about political figures, even if your views are unpopular with management.
Consider these following scenarios. A worker at a large company posts (not on company time, that’s an important point) on social media criticizing a prominent political figure. A manager, who disagrees with that viewpoint, calls the employee into a meeting and tells them they’ve “created a problem for the company.” Days later, the worker is terminated.
An employee attends a rally on their own time, outside of work, and voices concerns about an elected official. Their supervisor hears about it and suddenly reassigns them to a less favorable shift, cutting their hours.
Each of these situations raises serious concerns under California law. If the adverse action is motivated by politics rather than job performance, the employer may be violating Labor Code Sections 98.6 and 1101.
Employees often ask us if this law really applies to them. The answer depends on the facts of each case, but common forms of political activity are generally protected under California law. This includes criticizing or supporting political figures, whether in conversation, online, or at events. It also covers joining political organizations or participating in campaigns, attending rallies, protests, or marches on personal time, and discussing legislation, ballot measures, or public policy issues with others.
It is important to note that protections are strongest when activity occurs outside of work and does not disrupt legitimate business operations. However, even workplace conversations about politics can be protected, especially when they connect to broader labor rights.
The Kaufman Law Firm has years of experience representing workers against some of the largest companies in California. Employment law is our specialty. We fight every day for employee rights and have secured significant settlements and verdicts for clients who were wronged by their employers. When your job and reputation are on the line, you need an advocate who understands the law and is committed to standing by your side.