Ever since the U.S. Supreme Court ruled in Garcetti v. Ceballos that an employee’s speech pursuant to the employee’s official job duties was not protected by the First Amendment, employers have attempted to use that case as a shield against free speech lawsuits by employees. But a decision by a federal court in Connecticut late… Continue Reading
Tag Archives: 31-51q
Choose Your Own Takeaway from Appellate Court Decision
Posted in LitigationWhen people come up to me to talk about the blog, one of the things that often gets discussed is “How do you pick things to write about?” Often times, I tell them, it comes easily. But a new Appellate Court decision, Johnson v. Board of Education — a decision that will be officially released… Continue Reading
Another Day. Another Employee Fired Because of Facebook
Posted in Human Resources (HR) Compliance, Labor Law & NRLBHaven’t we heard this before? A Bourne, Massachusetts firefighter was recently fired for — imagine this — his Facebook posts in which he "allegedly railed against [a] police officer over some incident, angrily carried on about being forced to work on the Fourth of July holiday and made a homosexual slur", according to press reports…. Continue Reading
Second Circuit Throws Out Demoted Dean’s First Amendment Claim
Posted in LitigationThe Second Circuit ruled Friday that the University of Connecticut is entitled to "qualified immunity" on a School of Engineering Dean’s claim that he was demoted in violation of his First Amendment rights to free speech. The case has very important ramifications for public employers on how they can deal with criticism from managerial-level employees…. Continue Reading
What Ever Happened To…The Lawsuit by the Hartford Courant’s Consumer “Watchdog”
Posted in LitigationTime once again to bring back an occasional feature that takes a look at stories that have now fallen from the local newspapers’ headlines. After all, have you ever noticed that it is somehow "big news" that a lawsuit is filed but you rarely hear about a lawsuit’s dismissal? This installment updates the lawsuit that… Continue Reading
Court Allows First Amendment Retaliation Claim to Proceed To Trial
Posted in LitigationLast year, I talked about a First Amendment retaliation case and noted the difficulties in defending against such claims. A new case out of the federal court in Connecticut last week highlights the those difficulties even further. In Brown v. Waterbury Board of Ed. (download here), the Plaintiff, a custodian for the Waterbury Board of… Continue Reading
Second Circuit Reinforces the Limits of First Amendment Protected Speech for Employees
Posted in Human Resources (HR) Compliance, LitigationEarlier this year, the Second Circuit came out with an important, wide-ranging decision that clarified the protections that public employees have under the First Amendment. Specifically, any speech that is "pursuant to" an employee’s duties is not protected. In a summary order last week arising out of Connecticut, the Second Circuit reinforced that fact. In… Continue Reading
First Amendment Claim Brought by Ex-Courant Columnist Could Address Issue of “Competing” Rights
Posted in LitigationThe Connecticut Law Tribune ran a story this week about the lawsuit being brought by a former Hartford Courant columnist, George Gombossy. I’ve discussed the case before — it raises a claim that the columnist’s First Amendment rights were violated under a state law (Conn. Gen. Stat. Sec. 31-51q) that purports to apply that amendment… Continue Reading
Tribune Company Sued by Its Former “Watchdog” on Free Speech Grounds
Posted in LitigationUPDATED George Gombossy, who penned a consumer-advocacy column for the Hartford Courant before being fired last month, has filed suit against the Courant (and its parent company, the Tribune Company) alleging that he was fired in retaliation for his lawful speech. Gombossy now has a website he calls "CT Watchdog" and posted the complaint and… Continue Reading
Conn. Supreme Court Allows Laid Off State Employees to Proceed with Suit Saying Issues of “Motive” Remain
Posted in LitigationThe Connecticut Supreme Court, in a decision to be officially released next week, ruled Wednesday that several state workers can proceed with their claims that they were fired for political reasons in January 2003. The decision in Conboy v. State of Connecticut (download here), arises from the state’s decision in early 2003 to layoff over… Continue Reading
The Latest Trend? Another Free-Speech Victory for Employees
Posted in Human Resources (HR) Compliance, LitigationIs a trend forming in First Amendment free-speech cases in Connecticut? It certainly seems that way. Last week, a jury returned a verdict in favor of Andrea Charron in her lawsuit against the Town of Griswold. The jury awarded damages in excess of $800,000 (not including punitive damages and attorneys fees). This is at least… Continue Reading
What’s a Four Million Dollar Jury Verdict Look Like?
Posted in LitigationEarlier this week, I posted on a $4M verdict in federal court in a retaliation case, Tucker v. Journal Register Co. But did you ever wonder what the verdict form actually looks like? In other words, when the jurors fill out the form and then hand it to the judge, what does that verdict form contain… Continue Reading
Jury Awards $4M+ to Employee in Retaliation Case
Posted in Human Resources (HR) Compliance, Laws and Regulations, LitigationLate last week (when, of course, I was out of the office), word came down about another large verdict in an employment law case in Connecticut. The verdict, composed of $1M in compensatory damages and $3M in punitive damages in Tucker v. Journal Register Co. was first reported by the Connecticut Post last Friday here. (H/T Jottings… Continue Reading
Court: Corrections Officers Cannot Belong To Outlaws Motorcycle Club
Posted in LitigationDuring the holiday period, the Second Circuit issued a long (and I do mean LONG — 77 pages!) decision regarding whether Connecticut corrections officers could belong to the Outlaws Motorcycle Club. The Second Court upheld the dismissal of First Amendment and other constitutional claims brought by several fired corrections officers who had challenged their firings…. Continue Reading
Employee’s First Amendment Claim Based on Expressing Reluctance to Testify Allowed to Go To Trial
Posted in LitigationA few days ago, I reported on the summary judgment decision of Tucker v. Journal Register East. While the case is notable for its discussion of the whether an employee who expresses reluctance to testify has actually "participated" in a protected activity for Title VII purposes, the case also has a discussion of a claim… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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