In 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
Tag Archives: public
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
Hartford-Area Businesses Ban Smoking on Company Premises: The Law on Workplace Smoking
Posted in Human Resources (HR) ComplianceThis week, word came down that several Hartford-area companies were implementing a ban on smoking anywhere on company premises. This means outside areas on the campuses of these businesses, and the parking lots as well. Previously, employees could smoke in designated areas outside various buildings. Yesterday, Bristol started considering implementing a ban on smoking on… Continue Reading
