“But They’re Salarie...
“But they’re salaried!” It is one of the most common misconceptions in employment law: that paying an employee a salary eliminates any...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
Do employees have First Amendment free speech rights that protect them from employment consequences of free expression?
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
Author
Recent Articles & Announcements
-
-
Does the Board have to respond t...
No, this is generally something that is up to the Board’s discretion. Michigan’s Open Meetings Act (OMA) only requires that memb...
Read More -
Prosecutorial Discretion vs Sele...
A common question we get from our clients is whether a township has an obligation to enforce its ordinances. This can be an especially hot t...
Read More
Talk to an Attorney
Request a ConsultationAt 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.
