Caution: Keep politics out of West Virginia workplace

We’ve seen many protests throughout the country in the past several months. Initially, the events centered on restrictions to control the spread of COVID-19. More recently, the protests addressed the death of George Floyd in Minneapolis and related racial issues. Soon, the presidential election will be taking center stage. A related question is what rights employers have when employees bring their opinions about the protests or political views to work.

What West Virginia law says

In West Virginia (and many other states), a statute addresses political actions at work. West Virginia Code § 3-8-11(b) provides it will be a misdemeanor if:

Any person who, being an employer, or acting for or on behalf of an employer, shall give any notice or information to his employees containing any threat, either express or implied, intended or calculated to influence the political view or actions of the workman or employees.

In other words, if an employer attempts to influence an employee’s political position, the offender may be found guilty of a misdemeanor.

Because the issue hasn’t been decided yet, the criminal statute may or may not be considered an expression of public policy. Thus, an employee may try to argue that if she is disciplined or discharged for expressing a political view, the action may be found to be in violation of public policy.

Many unanswered questions