Is it legal to fire someone for supporting Obama?

[glen123098]

I went into a TV repair place and it had a bunch of right wing crap everywhere, basically claiming Democrats are godless, socialist, etc... It was all standard nonsense, but one thing caught my eye.


"Fellow Business Executives:

As the CEO of a business that employees 140 people, I have resigned myself to the fact that Barack Obama is our next President, and that our taxes and government fees will increase in a BIG way.

To compensate for these increases, I figure that the Clients will have to see an increase in our fees to them of about 8% but since we cannot increase our fees right now due to the dismal state of our economy, we will have to lay off six of our employees instead. This has really been troubling to me, as we believe we are family here and I didn’t know how to choose who will have to go first.

So, this is what I did. I strolled thru our parking lot and found 8 Obama bumper stickers on our employees’ cars and have decided these folks will be the first to be laid off. I can’t think of a more fair way to approach this problem. These folks wanted change; I gave it to them.
"


I found this to be very offensive. At first I thought it was written by the repair company I went to, which was a fairly large repair chain, but I searched for it online and found out its merely a stupid urban legend. But it does seem like the place I went into is trying to intimidate their employees with this. Basically they are saying "We better not catch you supporting Obama or else." As a result, they will not get any future business from me. Hell, they wouldn't get any business from me if it was the same letter but they replaced Obama with Palin. A person's politcal beliefs is their private business in my opinion. My question is, even though this is merely a urban legend, are companies legally allowed to fire you for supporting Obama or having an Obama bumper sticker on your car?

[CaliforniaPeggy]

1. I don't think they can do this, legally.

[taterguy]

12. Political affiliation is not a protected class as far as private employers are concerned

A boss could legally fire all employees who have red hair.

It would be stupid but legal.

Of course, the laws may vary in California.

[CaliforniaPeggy]

18. Thanks for telling me, my dear taterguy...

Dayum.

[glen123098]

20. These laws need fixed then.

Thanks for replying. Its a damn shame that you can be fired for your political affiliation.

[namahage]

22. Not in CA or NY, or in Washington DC.

Or, apparently, in CO or ND, which have laws prohibiting discrimination based on "lawful conduct outside of work."

[taterguy]

26. The counter-argument is how do you decide which political affiliations to protect?

Would you be allowed to fire someone with a swastika on their car?

Would participating in Critical Mass Rides be grounds for dismissal if you worked for GM?

[slampoet]

2. TV repair places have been going out of biz for 25 years.

The fucker owns the last buggy whip company but he can't blame anyone else than the government for his BAD LIFE DECISIONS.

[immoderate]

3. That's how he treats family.

It's an old joke. Been through my email several times.

--imm

[Proud Liberal Dem]

4. Can't businesses in most states fire anybody for virtually any reason?

:shrug:

I mean, posting the wrong thing on Facebook (even on one's own personal time/equipment) seems to be enough for some businesses to justify firing somebody. Anyway, they don't have to even say that they're firing you because you're an Obama supporter per se even if that is the actual reason. They can always manufacture a more legally defensible reason if they need to.
:eyes:

[Davis_X_Machina]

21. Yes....

...employment at will. It's one of the reasons why people joined unions, back before we were all convinced that they're just corrupt, mobbed-up rackets that waste your dues, protect incompetents and hurt competitiveness -- all positions, by the way, you'll find expressed here on DU -- and not just by trolls.

[Proud Liberal Dem]

23. "At will" employment just doesn't seem right

I'm not saying that businesses never fire people for legitimate reasons but sometimes it seems that businesses should really have to justify their hiring/firing decisions better (and yes, we definitely need more- and better- unions).

[Demobrat]

5. My company forbids politics in the workplace

and with good reason, IMO. We all do have to work together and even with that policy in place there's been some ugliness. I can see how if somebody brought politics into a workplace after having been asked not to it could lead to firing - BUT it has to apply to people of ALL political persuasions equally. This looks like blatant discrimination, and my guess is that it is NOT legal where discrimination by race CREED or color is banned(good luck proving it though).

Ugh. I'd never set foot in the place again.

[namahage]

13. If by "creed," you mean religion, then you're right.

But political beliefs? No such protection.

[Greyhound]

6. In nearly, if not every state, yes. Are there any states left that are not "at will"?

Long, long ago, before the country went stupid, an employer needed a reason (commonly a really good one) to fire an employee.

Hard to believe, I know, but there once was a land like that right here.

[Warpy]

7. it's illegal

although he'll weasel his way out by saying insubordination or poor work performance or some other lie.

[Statistical]

25. He wouldn't have to in most states.

Political affiliation is not a protected class. In a "right to work state" he wouldn't even need to provide a reason.

"Pack up your desk, we will mail your final check"

[Warpy]

34. Putting it in writing might make a difference

so one thing I'd be sure to pack up is that notice.

[namahage]

8. Depends on the state's employment discrimination laws.

Since it isn't discrimination based on the Title VII, ADA, or ADAA criteria (race, color, gender, religion, national origin, disability, or age) it's not covered under federal law. And only a few states (CA, NY, as well as Washington, DC) have laws prohibiting discrimination based on political activity or affiliation.

[tritsofme]

9. I don't see why not. Partisans are not a protected class.

If you are not protected by a collective bargaining agreement, most states have "at will" employment laws, and can fire you at any time for almost any reason.

[Kievan Rus]

10. In the United States, it's legal to fire anybody for virtually any reason

Isn't American capitalism great? :sarcasm:

"At will employment" is particular to the United States. And it's one of at least fifty reasons why I'm looking to get out of this pathetic country as soon as I can.

[tammywammy]

11. Political party isn't a protected class n/t

[taterguy]

15. Damnit the only reason you beat me to the punch is your use of n/t

Damn you n/t

Damn you straight to hell.

[tammywammy]

19. And I was typing one handed

While eating a Crunch ice cream bar. bwahahahaha.

:)

[proud2BlibKansan]

14. That's an email that was all the rage on the right last year

I would hope you walked right out the door and didn't give this idiot any of your business.

[glen123098]

16. Nope not getting any of my business.

I wouldn't care if he is a republican as I'm sure I deal with republicans every day. But that letter offended me to no end.

[Curmudgeoness]

17. When layoffs come along, they don't have to tell you why you are the one

to be let go. Most places of business and most states are "at will" employments, so at any time, either employee or employer can decide that it is not working out. Unless you are in a union, then there would be seniority issues and other protections.

[Historic NY]

24. Tell the idiot your taking your business elsewhere.....I used to work for a guy like that..

I don't any more and now he has to close when he wants to go on vacation, golf or if he is sick. He can't get anyone that understands the clients needs. The place is loaded with rW crap and pictures of all those idiots he gave money to. I bet him the outcome of the election and split it with another of his employees. He can't even send me e-mail anymore because its permanently blocked. I only did it to help him out, not a job that i needed or really wanted. I blow off his asking me to come back from time to time.

[patrice]

27. In most states, you are employed "at will" legally. This means they can fire you for absolutely 0.

The employees only protection is if s/he can somehow PROVE some form of discrimination.

[patrice]

28. And that IS Fire, as in Terminate, NOT a Lay Off. They do that because Termination does not affect

their Un-employment Insurance premium, because the Terminated cannot claim Un-employment Benefits. Laying people Off does affect the employers Un-Employment Insurance premium; it goes up. This is another reason why the big telecoms are soooooooooooo into contracting with employment agencies rather than doing direct hires.

[Curmudgeoness]

32. If you are terminated, you can still get unemployment benefits.

There are very few exceptions, and they are blatant---like telling your boss to go f**k himself. Otherwise, they may fight your benefits, but they will lose, especially if you have been there a long time or have had good reviews up until that point.

But you are right about contracted employees. They have no benefits from the company that they work for---but if you are working for an employment agency and are laid off, you can get unemployment benefits from the company who paid you (the employment agency) unless they have other work for you.

[patrice]

33. That's right; if you do their appeal process.

[Curmudgeoness]

35. Which everyone should. I hate to think someone would not go for

benefits because they think they were fired and can't get them.

[Indy Lurker]

29. Yes, in Illinois

but you would be entitled to un-employment.

[dflprincess]

31. In Minnesota as well

Unemployment benefits are only denied if a person lost their job for cause - which means the employer has to come up with a reason.

[HughMoran]

30. Doesn't matter, I just won't give my business to RW companies

Make them pay a price for their hatred, that's what I say.

If I could prove I was fired for such a reason, god help that man - I don't play games with people who would do such a thing.