At-Will Employment: Can Political Beliefs Get You Fired?

 Posted on August 29, 2025 in Employment Law

As most people are aware, politics across our nation can be polarizing. Unfortunately, these discussions often spill over into the workplace, causing heated discussions about controversial political issues. If you live in the state of Virginia, which is an at-will employment state, you may wonder whether your political beliefs – and voicing those beliefs at work – can get you fired.

This is an issue that can benefit significantly from consulting with an experienced Fairfax, VA employment law attorney. Whatever your specific situation, you can determine whether you were wrongfully terminated because of your political beliefs.   

What Does "At-Will" Employment Mean?

Montana is the only state in the United States where the "at-will" employment doctrine does not apply following a probationary period. At-will employment means an employee can be fired at any time for almost any reason, or no reason at all. There are various legal exceptions and limitations to the at-will doctrine, including implied contracts and prohibitions against discrimination. How this relates to political speech or political clothing in the workplace will depend on the individual state’s exceptions to at-will employment.

Does Virginia Allow Termination for Political Affiliation or Expression?

Virginia does not have protections in place for employees regarding their political affiliation or expression in the workplace. This means that, unless another law applies or an individual company policy protects political activity, an employer may legally fire someone for wearing campaign apparel at work, organizing political rallies while at work, or being extremely vocal about their political affiliation while at work.

What Are the Exceptions to Virginia’s At-Will Employment Rule?

There are some exceptions to Virginia’s at-will employment rule where political expression at work is concerned. These include:

• The workplace contract or handbook may provide protection for employees engaging in political activity.
• There are retaliation protections that can prevent an employee from being fired for reporting illegal conduct, even when political issues are involved.
• Any political speech tied to workplace organizing could be protected under Virginia labor laws.
• The First Amendment provides at least some protection for government workers who speak out on political matters of public concern, but these protections are limited and balanced against the interests of the employer.

Can Off-duty Political Conduct Impact Employment?

Many people are surprised to find that even off-duty conduct (such as engaging in political social media posts) can have an adverse impact on employment. Virginia employers are given fairly broad authority to discipline employees for any type of political activity or social media post they feel might harm the company’s reputation.

This means that employees should have a solid "feel" for the political leanings of any Virginia company they work for, since being vocal about politics that do not align with the company can potentially result in termination or discipline.  This is in contrast to states like California and New York, which have laws protecting at least some forms of political expression. While firing an employee for political reasons in Virginia is generally legal, employers risk claims of retaliation or discrimination, not to mention public backlash and employee morale issues.

Contact an Arlington, VA Wrongful Termination Lawyer

If you believe you were fired for political expression, but you also see retaliation or discrimination elements, you should definitely contact an Alexandria, VA employment law attorney from Freedman Law, LLC. While Virginia’s at-will employment allows private employers broad powers regarding termination or discipline of employees for political activism, it is not absolute. Attorney Freedman represents clients in federal and state courts and is rated one of the best employment lawyers. He is very hands-on, supportive, yet aggressive when warranted.