Protesting has long been a way for people to show their dissatisfaction and desire for change. Several historical protests have signaled an end to the status quo and the beginning of a new era, such as the Boston Tea Party or the Montgomery Bus Boycott.
By peacefully assembling and expressing our thoughts through protesting, we are protected by the First Amendment. However, that protection may not extend to our employment.
At-will employment
New Mexico is an “at-will employment” state, meaning your employer can fire you for almost any reason. Therefore, if your employer disapproves of you protesting, especially on a controversial matter, they can terminate your employment.
If a protest involves illegal actions, such as trespassing or violence, the employer could perceive the activity as being harmful to their reputation or business. Peaceful and lawful participation is less likely to result in being fired, but in the private sector, there are no guarantees. If you are protesting issues such as gender equality, racial justice or labor rights and your employer dismisses you, you may be able to argue that your firing was discriminatory.
Public sector employees may have stronger protections under the First Amendment. Their rights to free speech are safeguarded against government retaliation. But even then, they could be subject to disciplinary action or termination if their activities disrupt the workplace or violate other policies.
Many employers have social media policies; therefore, it’s essential to be mindful of any posts you may upload as they may violate said policies.
If you are passionate about a specific cause and plan to attend a protest, it’s essential to review your employment agreement to see if there is anything related to conduct outside of work. You may also want to stay anonymous by staying off social media and blending into the crowd.
Keep detailed records if you believe your employer is punishing you for attending a protest. Discuss your situation with someone who can help determine if you are being discriminated against.