FOIA, OMA, and Employment Law: N...
This month’s e-letter focuses on the interplay between the Freedom of Information Act (“FOIA”), the Open Meetings Act (“OMA”) and ...
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
Recent Articles & Announcements
-
-
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,...
Read More -
Drawing the Line: Government Spe...
The First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
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.
