Employees' Guide to Protecting Their Jobs During Free Speech, Political Protests, and Work

• Google workers' protests against the company's contracts in Israel resulted in employee terminations.
• The National Labor Relations Board is reviewing a complaint from the dismissed employees.
• It is crucial for employees, particularly millennials and Gen Z, to understand their speech rights during the current period of political demonstrations and election campaigns to safeguard their job security.

Your actions and words, whether during or outside of work hours, could result in your termination.

The current climate, with protests and heated social media posts about Middle East tensions, the presidential election, and other contentious social issues, may cause workers to believe they have more protections than they actually do, potentially leading to actions that result in termination.

According to Nicole Page, partner at Reavis Page Jump, it is not illegal for an employer to say, "You're representing us; we think that behavior reflects badly on us and so you're fired."

Google recently fired 28 employees in April after a series of protests against labor conditions and the company's contract to provide the Israeli government and military with cloud computing and artificial intelligence services. This occurred a day after nine Google workers were arrested on trespassing charges after staging a sit-in at the company's offices in New York and Sunnyvale, California, including a protest in Google Cloud CEO Thomas Kurian's office. The fired employees have since filed a complaint with the National Labor Relations Board.

The results of employment cases involving political or social protests heavily depend on the specific facts and circumstances. It is crucial for workers to understand the potential long-term consequences before taking any action.

Understanding the balance between employee rights and a company's right to discipline workers up to and including termination is crucial.

Remember: The First Amendment does not apply to private-sector workers

While many individuals engaging in protests, sit-ins, or expressing themselves on social media may believe the First Amendment provides them with absolute protection, it is crucial to understand that the U.S. Constitution limits the government's actions, not those of private-sector employers.

Employers have the right to terminate workers who believe they are immune to free speech and employment law.

While the federal government cannot restrict your ability to speak, private employers may do so. However, state laws protect employees' right to speak, and union members have certain protections under the National Labor Relations Act. This includes the ability to discuss union membership with coworkers, distribute literature about joining a union in non-work areas during non-work times, sign up co-workers on petitions in non-work areas and during non-work times, and join with co-workers to improve on-the-job working conditions.

Workers have the right to speak out about an employer's unlawful conduct that harms them or other workers, such as discrimination, harassment, wage violations, and opposition to union efforts to improve conditions, said Jahan Sagafi, partner-in-charge of Outten & Golden's San Francisco office, where he represents workers in employment class actions.

Know how 'pro-worker' your state is

Several states have agencies similar to the federal Equal Employment Opportunity Commission and Department of Labor to safeguard workers from discrimination and other workplace hazards. You can locate them by searching your state's name followed by "fair employment practices agency" or "department of labor."

Some states, including California, New York, and Illinois, are more pro-worker when it comes to speech issues, according to Sagafi.

In California, workers have protections for expressing their political ideas, which have been broadly interpreted, especially when an employee can demonstrate that their employer has a history of discrimination against them. Courts have often allowed lawsuits to proceed beyond summary judgment due to the existence of enough factual questions to allow them to progress.

Make 'common sense' protest choices to protect yourself

There are ways to safeguard yourself from discipline and termination.

Sagafi advised against disrupting the workplace and planning protests for societal change on company grounds or using company resources. He emphasized the importance of maintaining an orderly, inclusive, and productive environment for all employees.

It's important to avoid appearing as if you're representing the company, as the company may be concerned about its image or brand being damaged.

You can be fired from your job if you work for a company whose major clients are oil industry giants and you protest oil drilling by chaining yourself to a tree.

If you're publicly posting or have a photo of yourself holding up a sign or throwing something, or simply put something on social media like "I hate oil," it could be grounds for a company to fire you, she said.

It is challenging for an employee to determine the importance of their firm's clients, but common sense suggests that if an employee is aware of their company's significant involvement or investment in a particular industry and publicly disregards it, they could face legal consequences and potentially lose their job.

Employers have a stronger case for termination if a worker violates the law, acts violently, incites violence, or makes hateful, violent, or discriminatory statements. Additionally, employers can fire workers who skip work without permission or lie to their employer, such as taking a sick day and then attending a public protest. If a worker's actions are featured on the evening news, their employer may have grounds to terminate them.

Social media will get you in trouble

Be mindful of the consequences of your online actions, as companies can fire you for what you post, even if it's not discriminatory.

Recently, NYU Langone fired two doctors, one for expressing pro-Palestinian views and the other for posting pro-Israel views. One of the doctors has sued, alleging discrimination, and the case is ongoing.

Before posting anything political, it's wise to consider the potential consequences and familiarize yourself with your employer's social media policies. Some companies have strict rules against employees expressing political views on social media, and violating these policies could lead to immediate termination.

Taking an employer to court after being fired is a wildcard

If a worker is fired for protesting or expressing views on social media, they may choose to sue the company for wrongful termination, but this process requires time and money. The outcome of such cases is highly dependent on the specific facts and may not be predictable, especially if the case goes to trial.

An employee may have a strong argument if they can demonstrate that other employees have not been fired for the same policy violation. Legal disputes often arise over the company's reasons for terminating the employee, according to McRae.