Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may protect them from employment consequences especially if the employee was speaking on a topic that is of interest to the public and if the employee was speaking in their capacity as a private citizen not in their role as a public employee. Courts will also look to whether the speech’s disruption to public-sector operations outweighs the speech rights of the individual employee. These are difficult cases to handle, and legal counsel should be consulted before any public-sector employer takes employment action based on speech
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreThe First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read MoreOne of the most difficult and intimidating aspects of being a municipal employer is managing employee misconduct or poor performance. City, ...
Read MoreAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.