Breuners Employee Fired for Encouraging Participation in Statewide December 2003 'Latino Boycott'

SAN FRANCISCO, CA, February 4, 2004 -- Edwin Benitez, 30, a Latino forklift operator, filed a claim today with the Labor Commissioner against Breuners Furniture alleging that the company unlawfully terminated him for encouraging his co-workers to participate in the California 'Latino boycott' on December 12, 2003.

Although in the end no one from the Breuners workforce observed the boycott, Benitez was fired for "provoking" his co-workers. Benitez himself was unable to participate due to a previously approved medical appointment scheduled for the same day as the boycott.

Benitez alleges that his employer's actions violate several state labor codes which prohibit employers from discharging employees for participating in political activities.

The statewide boycott was planned by several Latino advocacy groups to protest Governor Schwarzenegger's repeal of a bill giving undocumented immigrants the right to obtain drivers' licenses. Without licenses, undocumented workers cannot legally travel to and from work, and often cannot secure insurance, open a bank account, or cash a check.

Benitez learned of the boycott from his wife, who told him that her employer - a Latino-owned travel agency - was closing its doors on December 12 in honor of the protest. In solidarity with the boycott and its goals, Benitez told his co-workers about the action and encouraged them to participate. The workers discussed the boycott during their lunch breaks in the Breuner's parking lot.

When the management heard about the workers' plans, they held a meeting and told everyone that they would be fired if they did not show up to work on December 12. After this announcement, all of the workers reported to work as scheduled, and no one observed the boycott. However, Bruener's terminated Benitez the following week, allegedly for breaking company rules.

The company has also denied his unemployment insurance request, claiming he was fired for misconduct.

"California law gives employees such as Mr. Benitez the right to express to each other their political viewpoints," said Claudia Center, a senior staff attorney at The Legal Aid Society - Employment Law Center representing Mr. Benitez. "This right exists even if the viewpoint is controversial or opposed to the employer's position."

If successful, the case may clarify the law as to what an employer must show to justify firing an employee who engages in political activity. Center contends that the employer must show a substantial interference with its business such that the political speech cannot be tolerated. The employer must also consider other measures to alleviate any disruption short of retaliating against the employee who has spoken out, she added.

"It is often the nature of the relationship between workers and employers to hold opposing political beliefs," Center explains. "We hope that this case will help develop a clear zone of protection for political discussion at work, even if the employer views it as contrary to their interest."

The ELC's Unemployment Insurance Project is assisting Mr. Benitez with challenging his employer's denial of unemployment insurance benefits.

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