In WV can your supervisor require an employee to join a walkout and protest

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

In WV can your supervisor require an employee to join a walkout and protest

WV public school employees are on a walkout for better wages and benefits. Does
an employee have to participate

Asked on February 26, 2018 under Employment Labor Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A state employer cannot force an employee to protest: the First Amendment prevents government agencies, entities, and personnel from forcing people to participate in "speech"--including protests--against their will. The First Amendment restricts government's right to either prevent or require "speech" by people. (A private employer could do this, however, since the First Amendment does not apply to private employers.) Of course, if your supervisor refuses to see reason on this, you could find yourself in a fight with your own supervisor or employer--a fight which could be distracting and impact your job, at least short- to mid-term, even if you are ultimately vindicated. Consider that when deciding whether to stand on your principals or whether to possibly take a sick or vacation day instead; sometimes, even when you are in the right, a fight is not practically worth it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption