Legal Question in Constitutional Law in Wisconsin

Si I'm reading of a lot of disturbing things on the news. People with opposing views often accuse the other of terrible things, alt right, alt left, white supremacist,Black panthers ,different versions of black lives matter etc, there are myriad examples.

As I read about employers having the ability to CONTROL employees lives outside of work,by firing or other wise penalizing them, not because of any illegal action, but because they(employers) do not agree with their choice of exercising the employees constitutionally protected right of free speech, free assembly, pursuit of happiness etc.

Having read several opinions where the employer was found harmless, for what is readily apparent as an attempt to infringe on some ones rights, by threatening or executing consequences(firing) for exercising them,

firing someone for their political affiliation, opinion, or any legal free exercise of these rights, cannot be understood as anything BUT an infringement of these rights. Removing someone's livelihood or ability to basically live and thrive ,be happy in the USA,for no other reason than their lawful exercise of their constitutionally protected rights. Cannot be defined as anything else but a violation of those rights. Discriminating against someone because they exercise constitutionally protected rights, renders those rights unprotected by any definition, as unemployment is not a sustainable situation, benefits do not last indefinitely, the government does not provide basic living stipend, food , medical or housing for everyone who is unemployed indefinitely.

The practice or apparent, legality of allowing employers or anyone ,to infringe on ones rights in this way is directly contrary to the intent of the constitution, and seems a clear violation of it.

So my question is what are the protections against a termination for no other reason than a constitutionally protected right ,exercised outside of your employment?


Asked on 8/16/17, 12:15 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

While I am not an employment lawyer, there is no protection in WI from firing due to political statements, as far as I know, since private employers are simply not subject to the same rules as the government. There are limited rules as to hiring and firing of protected classes of people, but they are free to fire people due to their statements, unless the employee is a member of one of those classes and the firing is actually provably related to membership in that class. Those protected classes do include political affiliation in WI, however, as well as national origin, race, age and sexual preference, so there might sometimes be an argument that such a firing was motivated by political affiliation, but mere affiliation is not the same thing as expressing views publically, in a fashion offensive to the employer.

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see my past answers to similar questions on Law Guru at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. View other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials.

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Answered on 8/19/17, 6:06 am


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