Can My Employer Terminate Me as a Result of My Political Beliefs or Because They Learn I Am a Different Political Party Than They Are?

Are you concerned that your employer could terminate you because you are a member of a different political party than your employer? Or have you become concerned about discussing politics even outside work, or using social media, because those actions could result in your employer learning that you are of a different political party than them? This has become a common concern among employees in Florida and many other states, and it is important to understand this type of discrimination and whether or not it is unlawful.

In general, employees only have legal protections against discrimination in a Florida workplace if they are a member of a protected class (and their membership in that class is the reason for the discrimination), or if there is an employment policy or a clause in their employment contract that expressly protects against discrimination based on political party membership. Our Palm Beach Gardens employment law attorneys can explain in more detail.

State and Federal Laws Only Prohibit Discrimination Against Protected Classes

In order to have protections against discrimination — including protections against wrongful termination due to discrimination — the discrimination must be tied to an employee’s membership in a protected class such as race, sex, ethnicity, religion, age, or disability.

Your political party, or your political beliefs, are not among the protected classes under state or federal law. However, you could still have protections in other ways against termination due to your political beliefs or political party.

What Does Your Employment Contract or Employee Handbook Say?

If you are an at-will employee, then you can be terminated for any reason, at any time, as long as the reason does not violate a state or federal law that prohibits discrimination. However, if you have an employment contract that specifies the reasons for which you can be terminated (and your political affiliation is not one of those reasons), you could have a wrongful termination claim.

In addition, if your employer has an employee handbook that specifies reasons for termination and makes clear that reasons outside the scope in the handbook are not applicable (and there is no discussion of political affiliation), you could potentially have a claim.

Politics and Religion

In limited circumstances, it may be possible to show that certain political beliefs amount to your religion under state or federal law, which could potentially provide protection against termination. It is essential to discuss this possibility with a lawyer before you assume you have this type of protection.

Voting Protections

While Florida does not provide any protections against discrimination or termination because of an employee’s politics or political party, you do have protections when it comes to voting. You cannot be terminated under Section 104.081 of the Florida Statutes for voting or deciding not to vote in any election.

Contact a Palm Beach Gardens Wrongful Termination Attorney for Assistance

If you have concerns about wrongful termination or unequal treatment in your workplace because of your political affiliation, your position can be complicated if you are an at-will employee, but you may have options. It is important to discuss your concerns with one of the experienced Palm Beach Gardens wrongful termination lawyers at Sconzo Law Office as soon as possible. Contact our firm today to learn more about your rights based on your employment situation in Florida.

Sources:

legal.thomsonreuters.com/en/insights/articles/what-is-at-will-employment

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0104/Sections/0104.081.html