Can my employer punish me for political activity or joining a protest

This page covers political activity and protests at work. It is general information, not legal advice. For other kinds of punishment at work, see What counts as illegal retaliation at work.

Can my boss fire me for my political views?

Generally, no, in California. Two old state laws protect you.

• Labor Code 1101 says an employer may not make or enforce a rule that stops employees from taking part in politics or running for office. It also may not make rules that control or direct employees' political activities or affiliations.
• Labor Code 1102 says an employer may not use the threat of firing to push employees to follow, or to stop following, any political course of action.

These laws are not only about elections. The California Supreme Court has said "political activity" means supporting a candidate or a cause and taking some action to win others over to it, and that it is not limited to party politics. The court pointed to examples like wearing a symbolic armband or joining with others to push shared beliefs (Gay Law Students Assn. v. Pacific Tel. & Tel. Co. (1979) 24 Cal.3d 458). Marching for immigrant rights, workers' rights or any other cause can fit.

Your immigration status does not change these rights. California's labor laws protect all workers.

Can I be punished for a protest on my own time?

Generally, no, as long as you were not on the clock and you acted within the law. California also protects you from being demoted, suspended or fired for lawful conduct during nonworking hours, away from your employer's property. The Labor Commissioner can take claims for wages lost that way.

Keep in mind:

• "Lawful" matters. Peaceful marching, holding a sign and speaking out are lawful. If someone is arrested for breaking a law, these protections may not cover that.
• It should not harm the business. Legal Aid at Work notes that an employer may have a stronger case if your activity harms its business or your work.
• You may need to show why you were punished. Under 1101 and 1102, you generally need to show your employer acted because of your politics. It helps if coworkers with other views were treated better, or if your boss said something about your politics.

What about missing work to go to a march?

This is where most people get in trouble. Protected politics does not mean protected absence. If you skip a scheduled shift without permission, your employer can usually treat it like any other unexcused absence.

The safer way:

1. Ask early, in writing. Text or email your supervisor. Keep a copy.
2. Use paid time off if you have it. Ask to use vacation or paid time off the same way you would for any other day off.
3. Or ask for an unpaid day. Your employer should treat the request the same way it treats other requests for a day off.
4. Watch for unfair treatment. If your boss approves days off for other reasons but denies yours only because of the cause, write down what happened. That can be evidence.
5. Know your sick days are for health. California paid sick days are for illness, care and certain safety reasons. Do not use them to go to a march. See Paid sick days in California.

Legal Aid at Work notes one more point: if your employer has never disciplined anyone for missing work, punishing you for missing work to protest may look like punishment for your politics.

What if we are protesting our own working conditions?

There is a separate federal protection for this. The National Labor Relations Act protects employees who act together to improve pay, safety or other working conditions. This is called protected concerted activity. It also covers one worker who is trying to get coworkers to act together, or who brings a group complaint to the boss. You do not need a union.

If you and coworkers walk out or join a rally about your own job, your employer generally may not threaten you or fire you for it. A few tips:

• Tell your employer why. Say plainly that you and your coworkers are acting to improve working conditions.
• Act with others. One person acting only for themselves is usually not covered by this law.
• Stay peaceful. Workers can lose this protection through serious misconduct.

This law does not cover every worker. It leaves out supervisors, independent contractors, farmworkers, domestic workers in a private home, and people who work for a city, county, state or the federal government. A clinic can tell you if it covers you. To learn more about organizing at work, see Can I join a union at my job?

Can my employer pressure me about politics at work?

No. Under Labor Code 1102, your employer may not threaten your job to make you support, or stop supporting, a political cause. Examples that may cross the line:

• "Sign this petition or you are fired."
• "If you march on Saturday, don't come back Monday."
• "Vote for this candidate if you want to keep your job."

Write down exactly what was said, when, and who heard it.

Rules at work are different. Your employer can still set neutral rules for work time, like dress codes, no signs at a customer counter, or no phone use on the line. These rules should apply the same to everyone, whatever their views. A rule that bans only one side's message is a warning sign.

What if my boss threatens to call immigration?

That is illegal. California law says threatening to report a worker's immigration status, or a family member's, for using a right under the Labor Code counts as retaliation. It is also an unfair immigration related practice when done to punish a worker for using workplace rights.

• Do not quit in a panic. Write down what was said.
• Talk to a workers' rights clinic. If you have immigration worries, ask if someone can also answer immigration questions.
• See What to do if your boss threatens to call immigration.

What can I do if I was punished?

If you were fired, cut, demoted or threatened because of your politics or a lawful protest on your own time, you have options. Do not wait.

1. Write it all down now.

• The date of the protest or activity, and that you were off the clock
• Your request for time off, and the answer
• What your boss said, word for word if you can, and who heard it
• How others were treated for similar things
• The date of the punishment, and any written notice
• Your pay stubs and schedule

2. File a complaint with the California Labor Commissioner.

• File within one year of the punishment. That is the deadline in Labor Code 98.7, and the Labor Commissioner lists Labor Code 1101, 1102, 96(k) and 98.6 among the laws it enforces against retaliation. Some older guides say six months. The current law says one year.
• You can file online. You do not need a Social Security number or a photo ID. The office says it will not question your immigration status or report it to other agencies.
• How to file a retaliation complaint (dir.ca.gov)

3. Or file a case in court. California law allows a worker hurt by a violation of these political activity laws to recover damages from the employer. You do not have to go to the Labor Commissioner first; the law says you do not have to use that process before you sue (Labor Code 98.7(g)). The time limit for a court case is not spelled out in these laws, and Legal Aid at Work says the time limit is unclear and advises filing within one year of the violation to be safe. Talk to a lawyer well before then. You will likely need a lawyer. See Do I need a lawyer for a case against my employer?

4. If you were acting with coworkers about your job, you can also file a charge with the National Labor Relations Board. The deadline is six months.

Quick answers

Can I wear a pin or shirt with a political message at work? Sometimes. Legal Aid at Work notes that wearing symbols can be protected political activity, but employers have more room to limit speech on the job, especially if it disrupts work. A neutral rule applied to everyone is usually allowed.

Can I be fired for a social media post? A post made on your own time, away from work, about a political cause may be lawful off duty conduct or political activity. How the law applies depends on what you posted and how it affected your job, so ask a clinic about your case.

I work for a city, school or county. Is it the same? Not exactly. The federal labor law above does not cover government workers, and other rules apply to public jobs. Ask a clinic or your union about your situation.

I am undocumented. Should I still file? You have the same labor rights. The Labor Commissioner says it does not question or report immigration status. If you fear immigration problems, talk to a clinic first.

Can my boss make me go to a political rally? No. Under Labor Code 1101 and 1102, your employer may not control or direct your political activities.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: retaliation complaints, with phone interpreters. Call 833-526-4636. How to file a retaliation complaint
• Legal Aid at Work: a free and confidential workers' rights clinic for people within its income limits, with help in many languages. East Palo Alto line: (415) 404-9093. Workers' Rights Clinic
• More local help: Free help with a work problem in the Bay Area

Is there a form I can print?

Speaking up for what is right takes courage, and the law in California is on your side more than you might think. Plan ahead, ask for the day off, and keep good notes.