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Free Speech Termination Hiring & Firing

McNees Wallace & Nurick LLC

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

Saiber LLC

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

Saiber LLC on

​​​​​​​On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Tucker Arensberg, P.C.

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Fisher Phillips

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

Fisher Phillips on

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Constangy, Brooks, Smith & Prophete, LLP

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

Saul Ewing LLP

Higher Education Highlights - Spring 2016

Saul Ewing LLP on

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Cozen O'Connor

Won’t You Please, Please Yelp Me?

Cozen O'Connor on

Yelp, I need somebody - Yelp, not just anybody - Yelp, you know I need someone - Yelp! My apologies to the Beatles. But the notion that one can’t do it alone and expect to be protected, may just be an apt moral in today’s...more

Sherman & Howard L.L.C.

NLRB Concocts New F’ing Profanity Excuse

In 2005, a Starbucks barista walked into his store with several co-workers while staroff duty. He was there to protest Starbucks’ policy concerning baristas wearing pro-union pins. A row ensued between the barista and an...more

Franczek P.C.

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

Franczek P.C. on

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

Franczek P.C.

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

Franczek P.C. on

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

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