You run a clothing company based in Los Angeles that manufactures selvedge deans from Japanese mills. The

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Question:

You run a clothing company based in Los Angeles that manufactures selvedge deans from Japanese mills. The company is relatively small and does not have a separate human resources department. An employee asks to have a meeting with you. During the meeting, the employee tells you that the company's quality-control supervisor went to Washington D.C. and likely participated in the insurrection on January 6 at the United States Capitol. The employee shows you some You Tube clips of grainy footage that the employee found online showing what appears the quality-control supervisor screaming offensive racial and political epithets at the Capitol police. The quality-control supervisor is wearing combat gear, e.g., helmet, bulletproof vest, etc. in the videos. You are unaware if the employee committed a crime and no law enforcement entity has charged the quality-control supervisor with a crime yet. That said, you have a lot of woke customers for your brand, do not want other employees to fear the quality-control supervisor or generally resent him, etc. When you speak with the quality-control supervisor, he admits that he participated in the Capitol riot but that he did not have any weapons, and didn't do anything illegal, and participated in a political protest because he believes that the deep state stole the presidential election from President Trump.

You want to terminate the quality-control supervisor because you want to avoid resentment amongst your employees and negative publicity or a backlash from customers. Analyze what laws might implicate whether you can legally terminate the quality-control supervisor for his participation in the January 6 Capitol riot. Your analysis should include the risks of termination.