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

Tag Archives: speech

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

What Would The NLRB Think of Apple’s Social Media Policy?

By Daniel Schwartz on Posted in Labor Law & NRLB, Social Media

This morning, I had the opportunity to talk with members of the Greater Valley Chamber of Commerce about social media and the law.  My thanks to that organization for the invitation. We talked for a while about the National Labor Relations Board’s stance on broad social media policies — something which I’ve discussed many times… Continue Reading

Back Again? After Remanding Case Once, Second Circuit This Time Finds for Employer on First Amendment Claims

By Daniel Schwartz on Posted in Litigation

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

Martin Luther King Jr. Day: A Reflection

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

For several years now, I’ve been posting about Martin Luther King Jr. Day and the impact in the workplace.  (And as Ryan McKeen notes, it is properly called Martin Luther King Jr. Day).    Today I want to go a little deeper.  Everyone knows about the "I Have a Dream" speech (and if you need… 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

2d Circuit Rules Employee’s Motive is Not Relevant to Determining Whether Speech is Protected by First Amendment

By Daniel Schwartz on Posted in Litigation

To 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

Are We Talking About Race in the Workplace or Are We “Cowards”? AG Holder’s Compelling Speech

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

Yesterday, I had seen some headlines at first about Attorney General Eric Holder’s comments discussing race, but had simply glossed over them. After all, it was a busy workday and well, was there going to be anything new? But by late in the day, I received an e-mail from a former law professor of mine. … Continue Reading

Poor Supervision Even Exists at the Department of Justice

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

A few weeks ago, a report came out blasting the hiring procedures that existed at the Department of Justice in prior years.  Because this is not a political blog, I left it for others to comment on it, such as The Word on Employment Law.  But the basic gist of the report was that there… Continue Reading