San Antonio, TX asked in Employment Law for Florida

Q: Is it illegal to fire someone for taking a political survey the company offered, and them not liking the my answers?

So, about 4 days ago I was at work in my cpu and a survey popped up from my company. I take this survey, and to my dismay, it's about politics, Amy Coney Barret, Trump, who will you vote for, etc. I am a Republican so I filled it out as such. I moved from Texas to Florida 1 month ago to take this very good good job, and today for no reason I get fired. Their reason was "not a good fit" even though they said multiple times I'm doing a great job, made them money, and more. I took a screenshot of the survey because I thought it strange. The company is very liberal.

Is this normal? Lawyer up?

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: It times past, it wouldn't be normal, but we are now in times in which the current President, from day one, decided to be a harsh divider rather than a uniter. He has caused this nation to go into a cold civil war that has now cost you your job. Unfortunately, the law does not prohibit private companies from discriminating on the basis of political viewpoint. If you worked for the government, the First Amendment right to free speech would protect your job in this situation; it does not apply to private companies. You would have a potential claim if you could prove you were instead discriminated against under one of the "protected classes", such as age, race, sex, national origin, etc., or if you were unlawfully retaliated against for asserting a lawful claim, such as for discrimination or workers compensation. Since you were not terminated for misconduct, I assume that you would be eligible for unemployment compensation, for whatever time period the politicians have allowed in your jurisdiction.

Jay P. Lechner
Jay P. Lechner
  • Tampa, FL
  • Licensed in Florida

A: The previous response is correct (albeit unnecessarily politically-tainted) that Florida does not recognize a civil cause of action in this scenario. However, Florida Statute § 104.081 makes it a felony for an employer "to discharge or threaten to discharge any employee in his or her service for voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a vote of the people." You may want to report it to the Florida Department of Law Enforcement.

Alberto Naranjo agrees with this answer

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