On January 26, 2021, a computer programmer and coder named Leah Snyder filed a lawsuit against her former employer (Snyder v. Alight Solutions LLC (8:21-cv-00187)), alleging she was wrongfully terminated after she posted photos of herself at the U.S. Capitol on January 6. In her complaint Snyder alleges that her former employer, an Illinois-based based human resources provider, violated California civil rights law by terminating her employment.

Snyder claims “[s]he listened to speeches being made and walked to the Capitol, and then she left. She did not participate in any rioting, she did not observe any rioting, and she did not hear of any injuries to persons or damages to property during her peaceful visit.” Snyder further alleges she was the victim of cyberbullying in the form of comments made in response to selfies she posted of herself at the Capitol and that, after reporting the harassment to her employer, she was terminated for participating in the events in Washington. Snyder claims she did not do anything illegal by joining those marching to the Capitol and that she was wrongfully terminated for political activity.

Seeking economic and other damages of at least $10 million, the complaint contains three causes of action:

  1. Violation of Tom Bane Act (California Civil Code § 52.1, which prohibits threats to interfere with someone’s constitutional rights);
  2. Wrongful Termination of Employment in Violation of Public Policy; and
  3. Breach of Covenant of Good Faith and Fair Dealing.

More particularly, Snyder alleges that she was terminated for her political affiliation and that her former employer’s action violated California Labor Code Section 1101 (forbidding an employer from controlling or directing political activities or affiliations) and Section 1102 (forbidding an employer from coercing or influencing its employees through threat of discharge or loss of employment for failure to comply with a particular line of political action or political activity).

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law…

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.

Photo of Michelle Lappen Michelle Lappen

Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. Her practice addresses a wide range of labor and employment issues, including matters involving alleged discrimination, harassment, retaliation, wage-and-hour issues, whistleblowing and…

Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. Her practice addresses a wide range of labor and employment issues, including matters involving alleged discrimination, harassment, retaliation, wage-and-hour issues, whistleblowing and wrongful termination. Michelle has represented clients in a variety of industries, including entertainment, healthcare, financial services, professional services and technology.

Michelle has defended nationwide employers in connection with complex, overlapping wage-and-hour class and representative actions. Michelle also has defended single-plaintiff discrimination, harassment, retaliation and wage-and-hour cases in both arbitration and state and federal courts. Michelle has comprehensive experience in litigation, including propounding and responding to written discovery, defending depositions, drafting dispositive motions and managing preparation for trial. In addition to Michelle’s employment litigation practice, she advises clients on various employment issues, including litigation avoidance, pay data reporting and compliance with federal, state and local laws.

Michelle earned her J.D. from Columbia Law School, where she was an articles and submissions editor for the Columbia Journal of Law & the Arts. She also served as a teaching fellow for the Advanced Negotiation Workshop and advocated for state and federal legislation as a clinical student in the Columbia Law Health Justice Advocacy Clinic.

Michelle was selected to be a Protégée for Proskauer’s Women’s Sponsorship Program, an initiative for high-performing, midlevel associates that champions future leaders. She also serves as a member of the Firm’s Summer Program Committee.