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Termination First Amendment

McGlinchey Stafford

Don’t Talk Politics at a Cocktail Party but Can Employees Talk Politics at Work?

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Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more

McNees Wallace & Nurick LLC

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

Tucker Arensberg, P.C.

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

Sherman & Howard L.L.C.

New SCOTUS Case Augurs Toward More Prayer in Public Employment Settings

The U.S. Supreme Court issued a blockbuster school prayer decision Monday in Kennedy v. Bremerton School District. The case involved a public high school football coach who was fired for praying on the field after each game,...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Lowenstein Sandler LLP

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

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Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

Husch Blackwell LLP

Scotus to Assess the Scope of Public Employers' First Amendment Obligations

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The U.S. Supreme Court has agreed to hear a First Amendment free speech and religious freedom case with potential major implications for all public employers. In Kennedy v. Bremerton School District, the Court will...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

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Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Parker Poe Adams & Bernstein LLP

Employers React to Employee Social Media Posts Over Nationwide Protests

As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Hinshaw & Culbertson LLP

Seventh Circuit Rules Termination Based on Political Affiliation Was Lawful

As a result of the 2018 midterms, many public offices will be transitioning from one political party to the other. In a timely decision, the Seventh Circuit recently reaffirmed that government entities have the right to...more

Fisher Phillips

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

Fisher Phillips on

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

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John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Jackson Lewis P.C.

Top Five Labor Law Developments For September 2017

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An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Constangy, Brooks, Smith & Prophete, LLP

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

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...more

Fox Rothschild LLP

What Can A California Employer Do About Off Duty Conduct?

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The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more

Fox Rothschild LLP

Yes, Neo-Nazis At Charlottesville Can Be Legally Fired From their Jobs

Fox Rothschild LLP on

First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend. Our hearts go out to the families and friends of Heather Heyer, Lt. H. Jay Cullen, and...more

Constangy, Brooks, Smith & Prophete, LLP

Q And A On The Recent Controversy

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...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Termination of Public Employee for Social Media Comments

A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more

Mintz - Employment, Labor & Benefits...

Corporate Divorce Series: Disparage-Me-Not

If you have been following my corporate divorce series, you may have read the “Break Up” piece where I advised newly terminated folks to keep their cool if they are unexpectedly fired because their post-firing behavior might...more

Sands Anderson PC

Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

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The Virginia Supreme Court issued opinions on June 4, 2015 during its June term. This term resulted in two opinions affecting Virginia local government law. These opinions addressed defamation alleged from statements by a...more

Hinshaw & Culbertson LLP

Spiritual Director Doesn't Have a Prayer When it Comes to Her Discrimination and Termination Claims

Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims....more

Tucker Arensberg, P.C.

A former physician assistant student at Lock Haven University sued eight individual defendants (but not the university) after his...

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A former physician assistant student at Lock Haven University sued eight individual defendants (but not the university) after his dismissal from the program, alleging civil rights violations. In Weil v. White,...more

Franczek P.C.

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

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The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

Franczek P.C.

Seventh Circuit Dismisses Terminated Principal’s First Amendment Rights Case

Franczek P.C. on

In Julie McArdle v. Peoria School District No. 50, the Seventh Circuit upheld a lower court’s dismissal of a terminated school principal’s First Amendment and contract claims against a school district. The principal alleged...more

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