Topic: Garcetti v. Ceballos

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The Extent Testifying Is Not A Job Duty

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 by the First Amendment. Since issuance of Garcetti, lower courts have wrestled with the task of determining exactly when an…

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Employee Gripes: When Employers Should Take Them Seriously

An employee’s speech in the workplace may be disruptive to the day-to-day running of your company or worse, downright offensive and “bad for business.”  This blog post will discuss when an employer is free to discipline an employee for their speech and when they can not because some speech begets legal protection while other speech…

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