You may have already become familiar with the term “cancel culture.” Perhaps you’ve heard the phrase either on the news, online, or TV, usually concerning a celebrity or other high-profile public figure. The term is essentially a modern means of ostracizing an individual. They are struck down from social and professional circles and gatherings, whether on social media or in person. Additionally, the individual can lose out on business opportunities, jobs, and other experiences. The expression “cancel culture” has mainly negative correlations and is commonly applied in censorship debates.
Employers today should avoid these budding tools of intimidation and stay vigilant at producing a work environment that is cognizant and accepting of one’s political views, while maintaining fair treatment of all employees regardless of their political affiliations and activities. Unfortunately, this is often not the case, and you may currently be enduring wrongful treatment or even termination by your employer.
Legal Protections in California Against Political Retaliation by Employers
Fortunately, California has labor laws with specific codes against employer political activity retaliation, Labor Code’s 1101 and 1102. For instance, employers are forbidden from harassing, coercing, or threatening employees based on their political views, activities, affiliations, or should they choose to run for a political office.
What is an employer forbidden from doing?
- Setting any policy that would prevent an employee from engaging in political activity, running for a political office, or one which tries to control or influence an employee’s political activity.
- Attempting to manage or constrain an employee’s political activities by intimidating or threatening to engage in political activity retaliation.
- Retaliating in any way, including firing an employee for his/her own political beliefs or activities.
What does retaliation look like in the workplace?
Retaliation can come in the form of wrongful termination; however, it can also include being demoted, continuously receiving bad assignments, and being wrongfully disciplined or written up as an employee for political views or activities. Political activities may mean who you voted for, campaigning (putting a sign for a particular candidate on your lawn, etc.), or expressing your political viewpoint on social media.
I have been politically retaliated against by my employer; what are my legal options?
California is an “at-will” employment state meaning termination by an employer for any reason at any time is acceptable; however, there are important exceptions imposed by the law. Employers cannot control or direct their employees’ political activities or speech. Therefore, an employee who has experienced any of the retaliations mentioned above has the right to seek legal protection and compensation for damages, including pain and suffering, by filing a suit.
In some cases, an employer will be partially motivated by legitimate business reasons to terminate an employee while also motivated by improper purposes. In this instance, a mixed-motive case may be the proper legal course of action. The improper reasons, in this case, would have to outweigh or be proved as the dominating cause leading to wrongful termination or retaliation to be successful.
If my employer has retaliated against me for political activity, what type of compensation am I entitled to?
In an instance of wrongful termination or political retaliation, an employee may receive compensatory damages, punitive damages, or in some instances (and when tolerable) be reinstated in their position.
Compensatory damages are monetary awards given to make the employee “whole” once more. Compensatory damages can come in the form of missed wages, back pay for unpaid wages, or other compensation for wrongdoing the employee may have experienced due to being wrongfully terminated.
Additionally, depending on circumstances, an employee may also be entitled to receive compensation for pain and suffering due to political activity retaliation on the part of their employer.
If you have been wrongfully terminated or retaliated against for political activities by your employer, contact the experienced San Bernardino County Workplace Retaliation Attorneys at SANFORD A. KASSEL, A Professional Law Corporation, and get the maximum compensation to which you are entitled.
