Earlier this summer, the Connecticut Supreme Court issued two decisions that held that the free speech protections in Conn. Gen. Stat. Sec. 31-51q were limited by the U.S. Supreme Court’s decision in Garcetti v. Ceballos. To grossly oversimplify, an employee (public or private) whose speech related to their official job duties, was not entitled
private employer
First Amendment Claim Brought by Ex-Courant Columnist Could Address Issue of “Competing” Rights
The 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…
Inclement Weather Policy Followup – Governor Rell Tries to Coordinate Schedules of Private Employers
Last week, I posted on how private employers are not bound by what the state government does in terms of sending home employees early for snow storms. But that doesn’t mean that private employers ignore what the government does. Many will send employees home when the state tells non-essential workers they can leave.
Yesterday’s snow…
Employee’s First Amendment Claim Based on Expressing Reluctance to Testify Allowed to Go To Trial
A 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…