Legal Question in Employment Law in California

work

If I was fired for writing yes on 8 at work do i have a case?


Asked on 11/11/08, 4:17 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: work

"Writing"? What, graffiti on the walls? Sure they can fire you. Waving posters and putting up banners at work? Sure they can fire you. Discretely placing a small sticker or sign? Sure they can fire you. As to all the above, you're an at will employee who can be fired any time for any reason.

However, if it was the last example, and if there was no company policy against displaying such items, you may have a 'claim' of violation of 1st Amendment rights. Companies may generally ban all such political expressions at work to maintain a neutral workplace. If you were disciplined while others were allowed to display and express contrary views, then you may have a claim of discrimination in 1st Amendment rights. The facts control the outcome. If you feel it was 'illegal' to fire you, feel free to contact me.

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Answered on 11/12/08, 3:29 pm


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