Can You Get Fired for Going to a Protest?

With nationwide protests erupting in response to recent ICE activity in Minneapolis and other cities, many California workers are facing a difficult choice: stand up for what they believe in or protect their paycheck. As demonstrations grow across the country, one question keeps coming up in our office at West Coast Employment Lawyers:

Can you get fired for going to a protest?

It’s an important question, and the answer is not as simple as yes or no. While California offers some of the strongest worker protections in the country, especially when it comes to political expression, but those protections have limits, particularly when protests interfere with work, lead to arrests, or involve dishonesty with your employer.

Is Protesting a Protected Activity in California?

At a high level, protesting is a form of political expression, and California law does protect employees from being punished for their political beliefs and activities. Specifically, California Labor Code sections 1101 and 1102 make it illegal for employers to:

• Control or direct an employee’s political activities or affiliations
• Retaliate against an employee for engaging in political activity

Peaceful protesting (especially against government policy, immigration enforcement, or social injustice) generally qualifies as political activity under California law. However, and this is critical: those protections are strongest when the activity happens off-duty and does not interfere with your job. Protesting does not automatically excuse you from showing up to work, disobeying workplace policies, or not complying with attendance rules.

Can You Get Fired for Going to a Protest Instead of Going to Work?

If you miss work to attend a protest without approval, your employer can discipline or even terminate you, not because you protested, but because you failed to show up for work. California labor law protects political expression, not job abandonment or unexcused absences.

Here’s how employers typically frame these situations:

• “Employee violated attendance policy”
• “Employee failed to report to scheduled shift”
• “Employee misrepresented the reason for absence”

Even if the cause is morally compelling, an employer is not legally required to excuse an absence unless you had approved time off or filed for a legally protected leave.

What If You Went to a Protest on Your Day Off?

If you attended a peaceful protest on your day off, while off the clock, or in a way that does not violate company policy, your employer cannot legally fire you just for participating, even if they disagree with your views. If an employer disciplines or terminates an employee solely for engaging in lawful political activity, supporting a social or public policy cause, or expressing political beliefs the employer dislikes, that conduct may qualify as wrongful termination or unlawful retaliation as per California Labor Code §1101–1102.

This is especially true if:

• You were peaceful
• You were not arrested
• Your conduct did not affect your work performance

Does It Matter If You Work for a Private Company or the Government?

This distinction does matters a lot due to workplace circumstances. For employees working in the private sector, they are protected by California Labor Laws, anti-retaliation laws, and federal discrimination laws (FEHA). However, private employers still have wide discretion under at-will employment, as long as they don’t violate protected rights.

In comparison to government employees (city, county, state, or federal workers), they often have additional First Amendment protections because the employer is the government itself. That being said, public employees may also face:

• Stricter conduct rules
• Political neutrality requirements
• Duty-to-report obligations

What If You Were Arrested at a Protest and Missed Work?

This is one of the most common and risky situations due to the nature of some recent protests. If you are arrested during a protest and miss work as a result:

• Your employer can discipline or fire you for the absence
• Arrest alone is not always protected
• Employers often cite attendance or conduct policies

However, termination may still be legally questionable if the arrest arose from a peaceful protest, the charges were later dropped, other employees in similar situations were treated differently, and the employer’s decision appears to have been motivated by political hostility rather than legitimate workplace concerns.

Certain professions also require reporting arrests, and failing to do so can worsen the situation. If you were fired after an arrest tied to lawful protest activity, you should speak to an employment lawyer immediately.

What If You Were Injured at a Protest and Couldn’t Go to Work?

This scenario is more tricky and often overlooked, but affected workers who suffered injuries during their time may be entitled to medical leave, sick leave, or disability protections. However, legal protection often depends on whether you notified your employer, provided appropriate medical documentation, and properly requested leave under workplace policies.

If your employer fired you because you were injured, or refused reasonable accommodation, that may violate California disability and leave laws. In such a scenario, it is recommended to call an employment attorney and get better insight and clarity to your situation

What If You Called in Sick, Lied, and Your Employer Found Out?

This is one of the most dangerous mistakes an employee can make because calling in sick, actually attending a protest instead, and then having the employer discover the truth can seriously undermine trust and expose the employee to discipline or termination. In fact, your employer can legally discipline or fire you for dishonesty, even if protesting itself is protected, because California law does not protect lying to your employer or misusing sick leave.

In these cases, the termination is usually framed as:

• Dishonesty
• Policy violation
• Misrepresentation

That framing often makes the termination legal, even if the underlying protest was protected.

Can Employers Retaliate Indirectly After a Protest?

Sometimes retaliation isn’t obvious, because employers may make it look like:

• Sudden write-ups
• Reduced hours
• Demotion
• Hostile treatment
• Termination shortly after protest participation

If negative actions happen soon after your employer learns about your protest activity, timing can help prove retaliation, but this is speculative. In order to prove workplace retaliation, documentation is absolutely required.

What Should You Do If You’re Fired or Disciplined After a Protest?

If you believe your employer crossed the line:

1. Ask for the reason for discipline in writing
2. Save all emails, texts, and policies
3. Do not sign severance or write statements without legal advice
4. Contact an experienced employment lawyer immediately

In California, most retaliation and wrongful termination claims must be filed within two to three years, depending on the legal theory, while claims involving government employers or administrative exhaustion requirements may have deadlines as short as six months to one year from the date of termination or retaliatory act.

Speak With West Coast Employment Lawyers Today

California law strongly supports political expression, but it does not excuse dishonesty or attendance violations. If your employer punished you for standing up against injustice, immigration cruelty, or government overreach on your time off, you may have legal options. At West Coast Employment Lawyers, we represent employees who were fired, disciplined, or retaliated against for exercising their rights. We understand the real-world risks workers face when speaking out and we know how to hold employers accountable.

Call (213) 927-3700 for a free, confidential consultation or use our online contact form

You stood up for what’s right. Now let us stand up for you.

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