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by notreallythough
3239 days ago
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California is an at-will state, so they could also just fire him for any or no reason. Someone spreading 10-page manifestos internally is generally toxic no matter which opinion they share. It essentially screams "I know better than any manager I could have possibly discussed this with privately." To boot, this manifesto isn't even tactical. |
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Not really. There are tons of things that it would be illegal to fire someone for.
For example, you can't fire someone for trying to start a union. You can't fire someone because of their race. You can't fire someone because they have workplace complaints.
The crux of the argument is that Google may have "punish an employee for communicating with fellow employees about improving working conditions", which is illegal.
Also, "California law prohibits employers from threatening to fire employees to get them to adopt or refrain from adopting a particular political course of action."
Furthermore, "It is unlawful for an employer to discipline an employee for challenging conduct that the employee reasonably believed to be discriminatory, even when a court later determines the conduct was not actually prohibited by the discrimination laws".
These are some interesting argument that I hadn't heard until now. It will be for the courts to decide who is right. But it certainly is not as clear cut as you make it seem.