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 »
In a major decision that will impact labor for decades, the U.S. Supreme Court has just declared that all public-sector workers who are represented by a union have a Constitutional right to pay the union nothing for the representation. The Court overturned its landmark 1977 decision in Abood v. Detroit Board of Education, which permitted public-sector …
Janus Is Here—But Don’t Ring the Death Knell for the Labor Movement Read More »
On Thursday, the Supreme Court agreed to hear Janus vs. AFSCME, the case that will likely turn the entire public sector labor movement into a “right-to-work” zone. Like a lazy Hollywood remake, the case has all the big money behind it that last year’s Friedrichs v. CTA did, with none of the creativity. In Friedrichs, the plaintiffs argued that …
In what is all but certain to be a terrible blow to organized labor, the Supreme Court announced on Thursday that it will hear Janus v. AFSCME, a case seeking to defund public sector unions. The case presents an issue that was recently before the Court, and where the justices split 4-4 along party lines. Now that Neil Gorsuch …
Supreme Court takes up case that will devastate public sector unions 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 »
In the past several months, there’s been a noted uptick in political speech at work. That speech has often made national news, from Sally Yates’ dismissal as interim attorney general to IBM workers organizing against their employer’s support of Donald Trump. In the early days of the Trump administration, the New York Taxi Workers Alliance’s strike against …
Want To Speak Out About Politics at Work? Here Are 3 Things You Need to Know. Read More »
As unions file their legal briefs in the epic Friedrichs vs. CTA anti-union Supreme Court case, one clever legal scholar argues that Friedrichs is “an unexpected tool for labor.” University of Chicago Teaching Fellow Heather Whitney’s forthcoming paper in the NYU Journal of Law and Liberty makes a compelling case that an adverse decision in Friedrichs would hand unions a first …
In a closely watched case, the Fourth Circuit Court of Appeals held yesterday that a “Like” on Facebook is a form of speech that is protected under the First Amendment. In doing so, it kept alive a lawsuit brought by an employee who claims he was fired for supporting an political candidate who was running against his boss. The WSJ Law …
A “Like” is a Like, Court Says, and is Protected Free Speech 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 …
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.
