There may not be a more high-profile wrongful termination case in the public eye than Gina Carano taking on Disney with funding from Elon Musk.
I recently had the pleasure of appearing on a Scripps News segment as a wrongful termination legal analyst to discuss the Gina Carano wrongful termination case, primed to shape the landscape of wrongful termination law and free speech in the workplace. In many ways, a wrongful termination lawsuit can serve as a barometer for where the current Zeitgeist is, and this has been evident in the Gina Carano case against Disney, which was recently revived thanks largely to Elon Musk’s funding.
My passion is guiding the public through this complex terrain and helping employers and employees better understand what this case reflects about their respective rights. Let’s recap the most significant wrongful termination lawsuit in recent memory, what we discussed during this segment, and what is essential for the public to understand!
What’s the Gina Carano Wrongful Termination Lawsuit?
Scripps News brought me on as a wrongful termination legal analyst to discuss the high-profile Gina Carano case, what it suggests about an employee’s right to exercise free speech in the workplace, and whether private employers can terminate or take action against employees for expressing their political views in private or on private social media.
The Gina Carano wrongful termination case illustrates many elements that are important to consider when evaluating a wrongful termination lawsuit, especially when social media is at play. For employees, understanding when one is representing a brand is a centerpiece of this lawsuit. At what point do employees on social media become brand ambassadors, and to what extent can they be held accountable? All of these are important to this case.
Background: In 2021, Gina Carano, a star in the hit TV show The Mandalorian, was fired by Disney and Lucasfilms after taking to Instagram and comparing being a Republican in Hollywood to being Jewish in Nazi Germany. Now, Carano has filed a wrongful termination lawsuit against Disney and Lucasfilms for $75,000 in damages and to have the court order that they rehire her for her role, alleging that she was fired for expressing her political views on her private social media account.
In and of itself, this situation would not automatically be grounds for termination. But this situation gets complicated because Gina Carano is a public figure who represents herself, The Mandalorian brand, and the Disney brand.
Because of this, she is held to a higher standard, and her alleged incendiary comments are grounds for termination because they could potentially harm these brands. But what relevance does such a wrongful termination lawsuit have for the public? Let’s explore.
How Could the Gina Carano Wrongful Termination Lawsuit Impact the Public?
A more relatable experience could, for example, involve pronouns. For some people, pronouns are integral to their identity, but for others, pronouns don’t carry the same importance. On both sides of this spectrum, there are vocal individuals.
Regardless of which side one might fall on, they are allowed to express themselves freely in their private time. However, if they are a celebrity or part of a larger brand, like Carano was part of the Disney and Mandalorian brands, they will be held to a higher standard.
Further, if a person holds the view that one should not use any pronouns aside from the traditional pronouns to the extent they suggest that others cannot express themselves in a certain way, that’s when it starts to cross the line.
In fact, at the core of the Gina Carano wrongful termination lawsuit is that she allegedly was silenced for expressing her views. But her status and vocation add some more wrinkles to the case.
Ultimately, for Gina Carano, she was held to a higher standard than she would have been if she wasn’t a celebrity, and this has begun crucial conversations surrounding wrongful termination and free speech in the workplace.
This case also raises a great point. As a lead actress, she likely has a morality clause in her contract. But who determines what is and isn’t considered moral? Whose morality is represented in these clauses?
What this case reveals is that this depends on the industry and general culture within it. Hollywood tends to be more liberal, and this is often what has the final say. If, for example, she worked in a more conservative industry or for a more conservative-leaning company, a morality clause would likely align with different values.
Still, it’s important to make a distinction. It’s not that she’s not allowed to share her points of view, but it’s when she expresses opinions that suggest she holds discriminatory views regarding her coworkers, like other actors or workers in the entertainment industry, and that could potentially harm the brand she represents that problems arise.
Wrongful Termination Legal Analyst, Speaker, & Panelist
Understanding the laws that govern wrongful termination and free speech in the workplace and their consequences is not a luxury. It is essential for business owners and employees to have a firm grasp on these laws and their implications to understand how they could potentially affect them and what rights they can enforce, which will continue to be a growing concern for the public as the high-profile Gina Carano wrongful termination case gains momentum. As a wrongful termination legal analyst and speaker with ample experience and knowledge in this area of employment law, I am uniquely positioned and qualified to provide expert insight and analysis on all issues involving wrongful termination and free speech in the workplace. These issues can be complex, and the public needs a seasoned legal professional to shed light on them.
Angela Reddock-Wright: Wrongful Termination Legal Analyst, Speaker, and Panelist
I am a former employment and labor law attorney turned mediator, ADR, and conflict resolution specialist who believes it is crucial to stay current with groundbreaking changes to employment law for employees and employers alike. My passion is educating the general public on recent developments in employment law and the workplace trends that impact them. My more than 20 years of experience as a media legal analyst and contributor have led to my own radio show on Tavis Smiley’s KBLA Talk 1580, “Legal Lens with Angela Reddock.” I also am a regular speaker and blogger on employment law and issues related to the workplace.
Also, learn more about my book – The Workplace Transformed: 7 Crucial Lessons from the Global Pandemic – here – https://angelareddock-wright.com/book/.
For media inquiries, please reach out to josh@kwsmdigital.com.
For more information regarding mediation and dispute resolution resources for both employees and employers, connect with let’s connect on LinkedIn for new updates or contact me here. You may also follow me on Instagram.
This communication is not legal advice. It is educational only. For legal advice, consult with an experienced employment law attorney in your state or city.