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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13501
Experience:  Experienced in multiple areas of the law.
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I wore a Make America Great hat to work yesterday and have

Customer Question

I wore a Make America Great hat to work yesterday and have been suspended for 2 weeks...what are my rights concerning this?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time...private contractor
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, thats it. Thank you
Submitted: 8 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Unfortunately, your employer can suspend you for expressing your political viewpoint.

You absolutely do not have the right to free speech at work unless you work for the government (and even then, not as much as you might think). The Bill of Rights only applies to government action. It sets out what our founders decided the government couldn’t do to citizens. It does not apply to what private companies can do to its citizens.

There are limited exceptions - an employer couldn't prohibit you from wearing labor union items (e.g., a shirt, hat or button that said "Trump for Unions" or something similar). And an employer couldn't discipline you for political activities outside of work. But an employer absolutely CAN control what goes on in their workplace and may discipline employees for wearing political items, having political discussions in the workplace, and so forth.

One last exception - If you have a contract saying you can only be disciplined or terminated for cause, then check what is says constitutes “cause.” It all depends on how it was drafted.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 8 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

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