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: first amendment
Court Not “Up In the Air”: Travel for Work Does Not Violate “Familial Association” Right
Posted in Discrimination & Harassment, LitigationGeorge Clooney famously made business travel look (somewhat) cool in the movie, Up in the Air. Clooney’s character was single (really, would you expect otherwise?) and business travel was a bit glamorous (though a bit tedious as well). Perhaps not surprisingly, absent from the movie was a discussion of whether business travel could be the… Continue Reading
BREAKING: Connecticut Supreme Court Adopts Second Circuit’s “Ministerial Exception” Rule
Posted in Discrimination & Harassment, LitigationThe Connecticut Supreme Court today ruled (in a decision that will be effective August 2, 2011) that the ministerial exception found under the First Amendment bars certain employment related claims brought against religious institutions. The court’s unanimous decision in Dayner v. Archdiocese of Hartford can be downloaded here. In doing so, the Court explicitly adopts… Continue Reading
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
Quick Hits: GINA and Wellness Programs and More
Posted in Laws and Regulations, Legislative Developments, LitigationSo with the Supreme Court’s decision last week, there’s lots of other items that have slipped under the radar. (It’s Daylight Savings Time this Saturday, for example, which means spring is right around the corner.) Here’s some of things you might have missed: Wellness programs are all the rage. But do they violate GINA? That’s the… Continue Reading
Back Again? After Remanding Case Once, Second Circuit This Time Finds for Employer on First Amendment Claims
Posted in LitigationIn broad terms, the First Amendment prohibits public employers from retaliating against employees who engage in "protected speech". (Connecticut has a statute, Conn. Gen. Stat. Sec. 31-51q that purports to apply the First Amendment to private employers too.) But proving these cases remains difficult for employees. And even victories may later end up as defeats… Continue Reading
First Amendment Retaliation Claims by Town Facilities Manager Tossed by District Court
Posted in Discrimination & Harassment, LitigationA former Branford Facilities Manager’s claims that his employment was terminated due to protected speech and his political affiliation were effectively dismissed on Friday, February 25th when a federal court granted the employer’s motion for summary judgment. The 40-page opinion provides good roadmap for employers (and their attorneys) to understanding such claims and what is… 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
History Lesson for Candidates: Recalling Prior State Layoffs and the Seven-Year-Old Lawsuit
Posted in LitigationAt last night’s gubernatorial debate, the issue of potential layoffs of state union workers was a hot topic of conversation. (See CT News Junkie for a more detailed report.) Each candidate indicated that layoffs weren’t ruled out if elected. That’s all very well and good, but none of them have mentioned how a prior… 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
School Board Considers Social Media Usage Policy for Teachers, Other Employees
Posted in Human Resources (HR) Compliance, Social MediaFor a few years now, I’ve been describing how social media policies are moving into the mainstream. No longer can employers simply cover their eyes and ears to what is going on with Facebook and Twitter. Example No. 592: West Hartford, Connecticut is considering a policy that would place certain restrictions on what school employees say,… 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
Second Circuit Clarifies First Amendment’s Protections of Employee Speech: When Is Speech “Pursuant To” Employee’s Duties
Posted in LitigationIn a case with wide-ranging implications for First Amendment cases in Connecticut (and New York), the Second Circuit today held that a school teacher’s union grievances were not protected speech. The case, Weintraub v. Board of Education of New York (download here) covers a lot of ground, but it chimes in on an issue the… 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
2d Circuit Rules Employee’s Motive is Not Relevant to Determining Whether Speech is Protected by First Amendment
Posted in LitigationTo borrow an oft-quoted phrase, it is commonly understood that public employees do not shed their constitutional rights at the workplace entrance. Indeed, the U.S. Supreme Court has held that employees have the right to speak out on matters of "public concern" without retribution, based on First Amendment protections. But one question that has arisen… Continue Reading
Quick Takes: Legislative Updates; “Super Secret HR Stuff”, First Amendment Rights, Lilly Ledbetter, ADAAA
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, LitigationWith another holiday weekend approaching, there’s time enough this morning for a few quick stories about a wide range of employment issues with relevance to employers in Connecticut. As I look out from my office (and wondering where the snow is in Hartford), here are a few stories to ponder: The Connecticut General Assembly is… Continue Reading
Court Rejects Challenge By Teacher Fired for Alleged Inappropriate Conduct on MySpace
Posted in Human Resources (HR) Compliance, LitigationSometimes I feel like a broken record (though in today’s world, perhaps that should be updated to "corrupted music file"). For a while now, it’s been apparent to most of us that employees continue to do silly things with e-mail and their social networking pages. Add a recent case in Connecticut to the list of cases where individuals are… 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
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
City of Middletown Wins Summary Judgment on First Amendment Retaliation Claim
Posted in LitigationA U.S. District Court decision today by Judge Janet Arteron provides a bit of clarity on some first amendment retaliation issues that may be helpful to some employers. The case, Milardo v. City of Middletown (Dec. 20, 2007), is by no means groundbreaking; the facts of the case allow the court to sidestep some issues… 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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