Posted on 01/30/2021 7:18:19 PM PST by simpson96
i’d be amazed if the courts didn’t find a way to rail road her
I live here, and consult with HR....
Neither the California Fair Employment & Housing Act, nor the Unruh Civil Rights Act, not federal employment legislation bar termination for political reasons. She’s toast
I should have said that firing an employee for expressing political opinions is GENERALLY not illegal. There is no federal prohibition, but state laws can vary.
In another thread, tbw2 posted with a very informative link about a somewhat similar case in New York. A law professor explained that there is some protection, but its scope is unclear, and the employer might be able to use one of the exceptions: https://reason.com/volokh/2021/01/27/may-n-y-businesses-fire-employees-for-using-parler-and-gab/
I didn’t know that California had also restricted the traditional employment-at-will rule. Perhaps, as j.havenfarm thinks, this employer still has the discretion to fire her, but at least it’s not as clear as I originally thought.
As stated neither of the two applicable statutes protects her
I don’t know whether anyone has been fired because of BLM-related activities.
As I pointed out, state laws vary. California probably gives stronger protection for employees than many other states. It wouldn’t surprise me if firing a BLM activist was perfectly legal in some states but grounds for a winning lawsuit in others.
She had better win.
Had she been a democrack she’d never hear a thing from her employer.
Try firing only liberal employees and you’ll find out differently. The “law” depends on what side of the mirror you’re on.
Thanks for posting that. Many States have similar laws designed to protect political speech. Colorado has a similar law.
“Neither the California Fair Employment & Housing Act, nor the Unruh Civil Rights Act, not federal employment legislation bar termination for political reasons. She’s toast”
How about Labor Code § 98.6?? Do you know anything about that or do you just want to admit you have no freaking idea what the hell you’re talking about??
“ firing her after riots at U.S Capitol”
There wasn’t one riot, never mind “riots”
1102. No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.From California Labor Code.
Firing her for attending a rally is against the California labor law, and sends a coercive influence to the rest of the workforce to not do it, too.
-PJ
Go girl go !
Well you say that, but now we live in "emanations of penumbras" land. All it will take to add political speech to protected classes is for a demoncrap to get fired for his or her participation in a biden rally and the black robes will legislate inclusion of political bent into the EEO laws.
However, you are correct, judges will toss out Conservative cases until such time as it is a leftie who is getting dinged.
Apparently you do.....Since she's going to need legal representation, I think you're perfect for the job.
I guess we have to get used to that — being forever considered criminals for our politics.
This needs to happen in the Millions!!
Well, aren’t you an attorney? Go for it!
I didn’t know that.
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