Will America finally grant its workers First Amendment rights? The Constitution guarantees “freedom of speech,” the right to “peaceably assemble,” and the right to petition for “a redress of grievances.” Yet these civil rights are commonly denied to workers. Sure, we can say what we want, but we pay a high price to speak — …
The woman who was infamously fired after giving the middle finger to President Trump has lost her wrongful termination case. A Virginia judge tossed Juli Briskman’s lawsuit, finding no First Amendment protection for private sector employees. The ruling was not unexpected. In general, private employees are not shielded from repercussions for their words or actions, …
Woman Who ‘Flipped Off’ President Loses Termination Lawsuit Read More »
Juli Briskman was on her own time, riding her bicycle, when President Trump’s motorcade drove by. She expressed her personal feelings with a middle finger salute, not realizing that a news reporter had captured her gesture on camera. She abruptly lost her job after the photo went viral on social media. Her employer, a government …
She gave the President the finger. Employer gave her the boot. Read More »
Private employment is at will. The most productive or most loyal worker is subject to termination at any time. Employers are not required to show cause or pay severance. The only exception is getting fired for a discriminatory reason that violates state or federal law. Recent developments have people wondering if they can be fired …
Employees are not fully protected by the First Amendment Read More »
For those of you like me that follow the development of First Amendment law in the public employee space, times have recently been depressing for employee advocates in this post-Garcetti world that we now inhabit in the United States. Now comes a pro-employee decision (yes from the 9th Circuit) concerning the application of Garcetti to a public university …
Public employees’ constitutional rights are important. Recent figures suggest that sixteen million Americans — more than 10 percent of the nation’s workforce — are employed by a state or local government, with another two million, approximately, employed by the federal government. With the economic downturn, even more workers are moving from the private sector to …
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
