|
3851 Since the First Amendment to the United States Constitution prohibits government interference with freedom of speech but does not regulate private conduct, termination of an employee for speaking off duty and away from the employer's premises does not violate any policy established by it; a Labor Code section that authorizes the Commissioner of Labor to act on behalf of a discharged employee to recover wages lost as the result of a termination for lawful off-duty conduct does not create any substantive rights and so cannot be the basis of an action for wrongful termination in violation of public policy.CitationGRINZI v SD HOSPICE (Public Policy) 120 CA4 72 [See: US Const Amendment I; CA Const Art 1, Section 2; LabC 96, 98.6; Gantt v Sentry 1 C4 1083; Barbee v Household 113 CA4 525, T/AT 12/03]
|
|
