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Protected Activity Public Employees

Dorsey & Whitney LLP

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

Ward and Smith, P.A.

Having Election News Withdrawal?

Ward and Smith, P.A. on

Supreme Court Decides Case on Protected Political Activity in Public Employment - Some of us may have had enough of all things election by now. But the United States Supreme Court decided a case last April that...more

Seyfarth Shaw LLP

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Best Best & Krieger LLP

Arrest Warrant Service is Not "Protected Activity" Under California's Anti-SLAPP Statute

Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought...more

McNees Wallace & Nurick LLC

U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection

While the labor and employment law world is abuzz after the decisions in Burwell v. Hobby Lobby and Harris v. Quinn (cases this Blog will cover in the coming days), the United States Supreme Court also issued a decision...more

Parker Poe Adams & Bernstein LLP

Supreme Court Finds Public Employee's Testimony in Criminal Trial Protected Under First Amendment

Last week, the U.S. Supreme Court unanimously held that a public employee cannot be retaliated against by his employer based on testimony provided by him under subpoena in a criminal proceeding. In Lane v. Franks, the...more

Best Best & Krieger LLP

First Amendment Protects Public Employees for Sworn Testimony Given Outside Scope of Regular Job Duties on Matters of Public...

U.S. Supreme Court Makes Unanimous Ruling in Lane v. Franks - The First Amendment protects a public employee from adverse employment action taken in retaliation for providing truthful sworn testimony, compelled by...more

Sherman & Howard L.L.C.

Supremes Rule That Trial Speech is Protected Speech

Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more

Pullman & Comley - Labor, Employment and...

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The...

Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected...more

Miller Canfield

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

Miller Canfield on

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

Nossaman LLP

Did You Know…Compelled Public Employee Testimony May Be Protected By the First Amendment

Nossaman LLP on

The Supreme Court’s recent unanimous decision in Lane v. Franks held that the First Amendment protects a public employee who provided truthful sworn testimony, compelled by subpoena, outside the course of his ordinary job...more

Franczek P.C.

U.S. Supreme Court Unanimously Holds That Public Employee’s Truthful Subpoenaed Testimony Was Protected Speech Under the First...

Franczek P.C. on

It has long been recognized that public employees are not excluded from First Amendment protection, and for more than 40 years the courts have wrestled with balancing the free speech rights of a public employee against the...more

Cadwalader, Wickersham & Taft LLP

Before The Whistle Blows: Understanding And Addressing The Expanding Scope Of Whistleblower Protections Under Sarbanes-Oxley And...

The Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”) was enacted following the accounting scandals of the early 2000s involving Enron, WorldCom and other public companies. Congress passed the Dodd-Frank Wall Street Reform and...more

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