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Public Employees Political Campaigns

Best Best & Krieger LLP

Public Agency, Officials’ & Employees’ Rules for Electioneering - BB&K Attorneys Jim Priest and Sigrid Asmundson Discuss the Dos...

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There’s a fine line public agencies, officials and employees walk between legally disseminating information and illegally advocating for or against a ballot measure or candidate. Originally published in PublicCEO - October...more

Nossaman LLP

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

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The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

Constangy, Brooks, Smith & Prophete, LLP

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

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 Court’s Elrod (1976) and Branti (1980) decisions. In this installment, I’ll...more

Constangy, Brooks, Smith & Prophete, LLP

There’s A New Sheriff In Town: The Politics And Pitfalls Of Patronage Dismissals

It’s election season, and each year, like the dead leaves that fall from the trees, many loyal and long-term employees of vanquished incumbents face the prospect of getting cashiered once the newly elected officials, or their...more

Bradley Arant Boult Cummings LLP

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Best Best & Krieger LLP

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

McNees Wallace & Nurick LLC

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Miller Canfield

Supreme Court Expands First Amendment Protections For Public Employees

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On April 26, 2016, the United States Supreme Court ruled that when a public employer demotes an employee out of a desire to prevent that employee from engaging in First Amendment protected activity, the employee can challenge...more

Jackson Lewis P.C.

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

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A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more

Dorsey & Whitney LLP

The Supreme Court – April 2016 #4

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The Supreme Court of the United States issued a decision in one case on April 26, 2016: - Heffernan v. City of Paterson, No. 14-1280: Petitioner Jeffrey Heffernan was a police officer in Paterson, New Jersey. Heffernan...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Heffernan v. City of Paterson

On April 26, 2016, the Supreme Court decided Heffernan v. City of Paterson, No. 14-1280, holding government employees who are demoted because their employer believes they are engaging in constitutionally protected political...more

Fisher Phillips

Perceived Political Expression Protected By First Amendment, Supreme Court Says

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In a 6-2 decision, the Supreme Court today held that the First Amendment of the U.S. Constitution protects both actual and perceived political speech and expression by public employees. The unsurprising decision squares with...more

Nossaman LLP

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

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The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more

Littler

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

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The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

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