Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: First Amendment

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Courts uphold law enforcement officer’s discharge for racially insensitive posts

Posted in First Amendment, Public Sector Employment, Social media
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of… Continue Reading

Q and A on the recent controversy

Posted in Affirmative Action, Corporate Culture, First Amendment, HR, Labor Relations, Protected Concerted Activity, Retaliation
On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only “within reason,” then it’s a… Continue Reading

There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)

Posted in First Amendment, Public Sector Employment
NOTE FROM ROBIN: This is the second and final installment in a series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. In last week’s installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme… Continue Reading

There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 1 of 2)

Posted in First Amendment, Public Sector Employment
NOTE FROM ROBIN: This is the first in a two-part series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. Damon, welcome to the blog!  It’s election season, and each year, like the dead leaves that fall from the trees, many loyal and long-term… Continue Reading