Chicago Business Litigation Lawyer Blog
It’s generally a good idea to avoid saying any negative things about the company/people you work for, but what if you work for the government? The First Amendment of the U.S. Constitution was designed to promote the open and free discussion of politics and public figures, and that includes public workers who are employed by the government. This means employers are not allowed to retaliate against workers who express a political opinion.
This issue was recently brought before the U.S. Supreme Court over an allegedly illegal demotion. As it turns out, it was all a big misunderstanding, but the mistake had a very real effect for Jeffrey J. Heffernan, who worked as a police detective in Paterson, NJ. Heffernan’s bedridden mother had asked him to pick up a sign for Lawrence Spagnola, a candidate for mayor. Heffernan said he had not taken any position with regard to the candidate, but when he was carrying the sign for his mother, it looked as though Heffernan was making a political statement and endorsing Spagnola. As a direct result of his supervisor’s understanding of the situation, Heffernan was demoted to patrol officer. Continue reading ›