Long Beach, CA asked in Employment Law and Civil Rights for California

Q: I got fired for standing up for my community this week stating Black Lives Matter. Can I sue?

I got fired for standing up for my community this week stating Black Lives Matter.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Being fired for making that statement would be an unlawful employment practice. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Typical lawyer answer: It depends. On its face it certainly sounds like it could be unlawful discrimination on the basis of race. This includes protesting the racial harassment or discrimination of others.

It depends on what you mean by standing up for your community. If that meant setting fire to your place of employment in protest, NO, because arson is a crime. If it means getting into a face to face screamer with your manager who was a white supremacist, this is borderline, but you probably have a case. If this means responding to a very inflammatory comment by your manager, by saying "Hey, black lives matter." then he says "your fired, get out." You probably have a very good case and should call an attorney right away. Imagine that case going before a jury in LA County composed of 40% black jurors. I would not want to be the defendant.

A lot of people talk about "right to free speech" in this situation but that is not the issue. "Free speech" means freedom from GOVERNMENT interference with you freedom of expression, not PRIVATE interference. There are other laws that address that.

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