Can California Employee Be Fired for Attending the Jan. 6 Protest at the Capitol?
In Snyder v. Alight Solutions, LLC (filed yesterday), Leah Snyder claims that her employer fired her on these grounds. Here is what she alleges in the Complaint:
She listened to speeches being made and walked to the Capitol, and then she left. She did not participate in any rioting, she did not observe any rioting, and she did not hear of any injuries to persons or damages to property during her peaceful visit. On return home, she posted two “selfies” with her friends and at least one smiling police officer in front of the Capitol to a comment thread on the social media of Sean Armstrong. She believed she was engaging in a debate over the nature and scope of a protest at the Capitol….
On January 6, 2021, while on paid time off from work, she visited Washington, D.C. She and perhaps as many as one million other people, listened to speeches made by the President of the United States and other important persons. Plaintiff is not a zealous adherent of any system of beliefs. Her impression of the speeches was that the assembled people were being asked to peacefully show their support for the U.S. Constitution and the rule of law while presenting their displeasure with vote counting procedures during the recent national election. At the conclusion of the speeches, she joined a group of people who were peacefully walking to the Capitol. She reached the Capitol, took several “selfies” with friends, and at least one with a smiling police officer in the background. She did not cross or see any barricades. She did not see nor participate in any rioting. She did not enter the Capitol. She did not observe or hear of any injuries to persons or damages to property. She was not arrested and she did not see anyone who was arrested. On occasion, when she encountered police officers, she inquired if walking with the other members of the crowd was legal, and each time, the officers re
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