July 27, 2022
The phrase “It’s a free country and I can express anything” is well known… and not entirely true. This is especially the case in workplaces.
While the First Amendment ensures that government employees do not suffer employment consequences for exercising free speech, this Amendment does not support or protect employees of private companies from being fired. Thus, an employee cannot file a lawsuit against a private employer if they believe they have violated the First Amendment, since it only applies to government employees.
If you want to pursue a wrongful termination claim based on free speech, there must be a legal basis to support it. For example, suppose an employee complains about working conditions and is fired or harmed. In that case, the employee has the right to make complaints (especially if there are dangerous situations in the workplace) and not suffer retaliation.
Political views
The laws provide some protection from political activities by employees. It is against the law for an employer to prevent employees from participating in political activities (either actively or simply expressing their opinions). This also includes when an employee wishes to run for public office. Likewise, it is illegal for an employer to attempt to coerce, by threat of dismissal, to follow or refrain from following a particular course of political activity.
However, some circumstances may prevent employees from expressing their political views as freely. For example, suppose the company’s dress code defines that employees cannot wear clothing with personal or political messages. In that case, the employer can proceed with a justifiable dismissal due to a dress code violation.
If you’re not sure if you can proceed with a lawsuit against your employer, get legal help from Para los Trabajadores.
