Mr. Johnson is just an ordinary guy who worked at an ordinary company called LLC Incorporated. He knows he wasn't the best employee there, but he probably wasn't the worst either. However, he sometimes worried about his job security. His boss, Ms. Stone, didn't like him very much, and she made no secret of it.
[[It all started back in 2017...]]It all started back in 2017 when Mr. Johnson told her that he votes third party. Specifically, he admitted that he votes for a little-known party called the //More Saunas Less Schools// party. Ms. Stone laughed, assuming he was joking. As it became clear that Mr. Johnson truly believed that abolishing schools and putting a sauna in every house was sound policy, Ms. Stone found it increasingly difficult to tolerate him.
[[On several occasions, Ms. Stone...]] On several occasions, Ms. Stone would try to convert him to her own ideology when he was trying to get work done. With each attempt, she became more and more frustrated with his stubborn belief in saunas and his antithesis towards schools, and it all came to a boiling point during an incident last year.
[[Ms. Stone was taking a walk around town when...]] Ms. Stone was taking a walk around town when she saw what looked to be a parade. As she drew closer, the flags and streamers came into focus, and with a gasp, she realized what was going on: A parade for the //More Saunas Less Schools// party. Of course, Mr. Johnson was in attendance, and he waved politely to his boss when he saw her. This was Ms. Stone's last straw. She started yelling at him, asking why, for the love of everything holy, he couldn't take politics seriously? Why would he wage war against schools? And how could he be so passionate about saunas? Why not food security in every home instead??
[[Mr. Johnson waited patiently for her to finish, and...]] Mr. Johnson waited patiently for her to finish, and even after the parade moved on without him, he waited and listened respectfully. Finally, he replied that they were developing a new platform: Treehouses to end homelessness! Ms. Stone glared at him with the fury of a thousand suns and promptly walked away.
[[Mr. Johnson didn't think anything of it until...]]Mr. Johnson didn't think anything of it until he got back to his office on Monday. Usually, his computer was at his desk, along with his office supplies and the framed pictures of his wife and kids. That day, however, all of his stuff was in a box.
[[He was staring at the box in confusion when...]]He was staring at the box in confusion when Ms. Stone walked up to him with a smile. That was the first and last time he ever saw her happy. She proudly declared that he was fired. Mr. Johnson looked at her in shock. The other employees, who were all listening in, were shocked, too.
[[In the end, Mr. Johnson took the box and...]]In the end, Mr. Johnson took the box of his belongings and went home without much of a fuss. Then, he realized why this felt so wrong. She was only firing him because of his unorthodox political beliefs!
That's illegal, right?
[[Yeah, definitely.]]
[[No?]]Well, it's complicated. Mr. Johnson works in the private sector, not the public sector, which means he receives fewer legal protections. If he were working for a government-owned company, then he would be protected by the First Amendement, and his boss would not be able to fire him for his political beliefs or his association with the //More Saunas Less Schools// party.
[[In some states...]]Well, it's complicated. Mr. Johnson works in the private sector, not the public sector, which means he receives fewer legal protections. If he were working for a government-owned company, then he would be protected by the First Amendement, and his boss would not be able to fire him for his political beliefs or his association with the //More Saunas Less Schools// party.
[[In some states...]]In some states, like California, Colorado, North Dakota, Montana, and New Mexico, there exist strong protections to prevent privately owned companies from firing people because of their political views. Most other states, however, provide virtually no such protections. This means that in most states (like Maryland, though some counties do provide protections), a private-sector worker can be fired for their political beliefs or affiliations.
[[But what if Mr. Johnson lives in California...]]But what if Mr. Johnson lives in California, where he's protected from political discrimination? Well, that doesn't necessarily mean he can get his job back or win a lawsuit. Ms. Stone could've fired Mr. Johnson for any number of reasons that don't have to do with politics.
Should Mr. Johnson take her to court?
[[Yeah, but first, let's see what Mr. Johnson is getting himself into]].
[[No way]]. Litigation is very expensive, and Ms. Stone could come up with plenty of nonpolitical explanations for why she fired Mr. Johnson. He should just focus on finding a new job. Correct!
[[Click here to learn a little more about the vision behind this project]].After a few weeks, here's what they found:
Ms. Stone denies that Mr. Johnson's political views influenced her decision.
Ms. Stone unilaterally made the decision to fire Mr. Johnson.
No one else was fired at LLC Incorporated.
She claims that Mr. Johnson recently turned in an important project late, and this was not the first time he had done so. She further claims that his work ethic was not up to LLC Incorporated's standards.
Mr. Johnson [[admits]] that he turned in the project late and that he had also turned in other projects late.
The attorneys did not find evidence of late submissions by other employees.
Multiple employees confirm that Mr. Johnson was one of the lazier employees in the office, but he was not the laziest.
Mr. Johnson had been working there since the 1990s and had never received a promotion.
Multiple employees corroborate Mr. Johnson's story that his boss had an unhealthy obsession with his political views. According to these employees, she would rant about the //More Saunas Less Schools// party on a semi-regular basis when Mr. Johnson wasn't around.
//Note: No termination is lawful if it serves as a pretext for any kind of illegal discrimination. For instance, Ms. Stone would be guilty of political discrimination if she was simply using Mr. Johnson's late submission as an excuse to fire him for his political beliefs.//
So, what do you think? Is it //beyond a reasonable doubt// that Ms. Stone unlawfully fired her subordinate?
[[Yes]]. Now we can move onto sentencing.
[[No]]. Mr. Johnson will not get his job back, and Ms. Stone will not go to jail or be fined.
In general, unless the facts are very much stacked against you in a court case, (or even if they are), you probably shouldn't admit to anything without first consulting an attorney. If Ms. Stone were taken to court and found guilty of political discrimination under California law, what would the punishment be?
[[Misdemeanor (Up to 1 year in jail and/or a $1,000 fine)]].
[[Misdemeanor (Up to 5 years in prison and/or a $10,000 fine)]].
[[Felony (Up to 10 years in prison and/or a 10,000 fine)]].
//Note: If Mr. Johnson can prove he was harmed by the unlawful termination, he could sue for damages that could easily exceed $50,000.//If Ms. Stone had been found guilty of political discrimination under California law, what would the punishment be?
[[Misdemeanor (Up to 1 year in jail and/or a $1,000 fine)]].
[[Misdemeanor (Up to 5 years in prison and/or a $10,000 fine)]].
[[Felony (Up to 10 years in prison and/or a 10,000 fine)]].
//Note: If Mr. Johnson could prove he was harmed by the unlawful termination, he could sue for damages that could easily exceed $50,000.//Litigation is very expensive because lawyers charge hundreds of dollars per hour. Every year, there are plenty of people who skip out on viable lawsuits because of the cost and the stress. You're not alone in thinking that it's not worth the hassle.Political discrimination cases are a two-step process in California. First, it must be proven that Mr. Johnson was fired because of his political beliefs, and this must be proven to be true //beyond a reasonable doubt//.
This is usually interpreted as being a very high bar though it does not require 100% certainty. It requires that the prosecution convince the jury that there is no other reasonable explanation to be derived from the evidence presented at trial. Or, in the words of the Supreme Court, this standard "protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged."
If Mr. Johnson wins that case, he is in a good position to file a wrongful termination lawsuit, which is a civil case and therefore abides by the //preponderance of the evidence// standard. This is easier to prove than the //beyond a reasonable doubt// standard which is used for criminal cases.
//Preponderance of the evidence// simply means that it must be more likely than not that the accused committed the crime they are charged with committing.
Winning the first case ensures that Ms. Stone is held accountable. Winning the second case ensures that Mr. Johnson is financially compensated.
But let's not get ahead of ourselves. Is it actually beyond a reasonable doubt that the termination was politically motivated? Well, perhaps Mr. Johnson really wasn't that great a worker. Or maybe he was one of many people fired as part of a temporary layoff. It's also possible that someone higher up than Ms. Stone made the decision to fire him.
Let's say Mr. Johnson takes his boss to court. In that case, the plaintiff and defense will further investigate the matter.
[[After a few weeks, here's what they found...]]Oops, try again!Oops, try again!I hope you enjoyed the story!
As a disclaimer, this is neither a defense nor an indictment of the American criminal justice system. If there's any lesson to be learned from this fictional tale, it's that the criminal justice system is complicated and, more importantly, very subjective. Attorneys, judges, and jurors are given broad discretion when it comes to interpreting standards like //beyond a reasonable doubt//. Accordingly, it's easy to imagine the abundance of reasonable disagreements that could arise from such subjective terminology.
As a wise man once said, "If shared ignorance in the face of immense complexity cannot unite us, then all is lost."
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