When politics spill into the workplace, it is typical for many U.S. workers to assume that their thoughts and opinions are protected by freedom of speech. However, this is not necessarily true. In New Jersey, an employee is considered at will, which means they can be fired at any time for any reason. This serves as the default manner in which most people are employed. So, can you be fired for your political views? What do you need to know about protecting your employment rights and who you choose to share your opinions with at work?
What if I Am a Public Employee?
For starters, it is worth noting that public employees have a looser set of parameters when it comes to political views in the workplace. That is not to say a public employee can say whatever they want, but if the topic is considered a matter of public concern and an issue that the general public would want to know about because it affects them, it could be deemed permissible to talk about it at work. For example, government, politics, and public policy are considered matters of public concern. So, if the mayor of a city was accepting money from a local developer for his political campaign and the finance director wanted to inform the city council and the general public out of concern that the money would sway the mayor’s choice when it came to building a new city hall, this would likely be considered a matter of public concern.
What if I Am a Private Employee?
On the other hand, private companies can not only create policies to limit political topics, but they have a legal obligation to ensure the safety of the workplace and that conversations do not create a hostile environment for any employee. Additionally, private companies have the right to sever relationships with employees who they feel do not represent the company’s values. However, private companies do not have the right to discriminate against employees based on their political views. This means prospective employees cannot be asked during the interview process what their political affiliation is or be fired for voting for a certain political party over another.
How Does Discrimination Protect Me When It Comes to Politics?
So, where exactly is the line? It boils down to ensuring that employees are protected based on other laws, such as the National Labor Relations Act (NLRA). Often associated with union activities, an employee may be protected while talking about a certain political candidate who endorses more favorable healthcare or wages because NLRA prohibits retaliation against employees’ right to assemble for collective bargaining purposes.
The New Jersey Law Against Discrimination (NJLAD) also protects employees from discrimination based on race, religion, sexual orientation, disability, and color, among other things. While it does not specifically mention politics, any overlap in violating an employee’s rights in conjunction with a political stance may have grounds for unlawful termination.
When it comes to proving you were fired for discrimination related to political views, there are a series of paper trails that may bolster your case. For example, emails, witnesses, employee records, and hiring policies all may play a part in proving your case. Although proving this type of case may be difficult, a court that decides in your favor may award compensation for lost wages.
If You Are Questioning Your Rights as an Employee, contact a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Today for Answers
Politics in the workplace are tricky, and a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC has experience in these types of cases. Call 856-235-7075 or fill out the online contact form for a free consultation. With offices in Mount Laurel and Atlantic City, New Jersey, clients in Cherry Hill, Burlington County, Camden County, and South Jersey are proudly served.