Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: Garcetti

Employee’s Speech Against Employer May Be Protected by First Amendment

By Daniel Schwartz on Posted in Litigation

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

First Amendment Retaliation Claims by Town Facilities Manager Tossed by District Court

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

A 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

Second Circuit Throws Out Demoted Dean’s First Amendment Claim

By Daniel Schwartz on Posted in Litigation

The 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

Court Allows First Amendment Retaliation Claim to Proceed To Trial

By Daniel Schwartz on Posted in Litigation

Last 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

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Litigation

Earlier 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

By Daniel Schwartz on Posted in Litigation

In 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 Denied Where Employee’s Duties Included Raising Issues About Patient Safety

By Daniel Schwartz on Posted in Litigation, Wage & Hour

It has been over a year since the Supreme Court’s decision in Garcetti v. Ceballos, which held that where a public employee speaks as an employee and not a public citizen, such speech is not protected under the First Amendment.  Courts applying the decision have tried to impart some parameters to the Court’s decision such as… Continue Reading