News & Analysis as of

Retaliation Political Expression

Parker Poe Adams & Bernstein LLP

Employers Struggle With Election Politics Spillover Into Workplace

With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more

DRI

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

DRI on

Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...more

Carlton Fields

Silence Is Golden, or Is It?

Carlton Fields on

Louis Brandeis famously wrote in Whitney v. California, 274 U.S. 357 (1927), that the remedy for false or harmful speech “is more speech, not enforced silence.” A recent Fifth Circuit case presented a novel question that...more

Dorsey & Whitney LLP

How to Get Yourself Fired for a Facebook Post

Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Dorsey & Whitney LLP

The Supreme Court - November 13, 2017

Dorsey & Whitney LLP on

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Dorsey & Whitney LLP

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

Dorsey & Whitney LLP on

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...more

Littler

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Parker Poe Adams & Bernstein LLP

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Lewitt Hackman

The Customer Is (Not) Always Right: An Employer's Duty to Protect

Lewitt Hackman on

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more

Nossaman LLP

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

Nossaman LLP on

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

Holland & Knight LLP

Politics in the Workplace: What Must Employers Allow?

Holland & Knight LLP on

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

FordHarrison

Cooling hot political buttons

FordHarrison on

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation...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

Proskauer - Whistleblowing & Retaliation

Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split

The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide