Public employees don’t lose their rights to free speech just because they work for a government agency. They retain the right to speak out on matters of public importance, and they can’t be punished for exercising that right.
That’s why, if you work for the government, you should warn supervisors against any action that smacks of punishing employees for speaking out. The resulting retaliation lawsuit will consume time and resources—even if your agency wins in the end.
Recent case: When David Hutchins, a deputy sheriff, called a radio talk show to complain that the sheriff avoided interacting with some black groups, the sheriff got upset. He called the same show and said Hutchins was bitter because of disciplinary action the sheriff took against him for alleged sexual harassment.
Hutchins sued, alleging retaliation for engaging in free speech by criticizing his boss.
The sheriff countered that he, too, had free speech and that nothing he said could be seen as retaliation, because it referenced past discipline and didn’t threaten future punishment.
The 7th Circuit Court of Appeals agreed and dismissed Hutchins’ case, but only after the sheriff’s department had to expend time, money and energy defending against a needless lawsuit. (Hutchins v. Clarke, et al., No. 10-2661, 7th Cir., 2011)
Final note: The sheriff should have ignored radio call-in—or at least responded without attacking Hutchins.
- Employing minors without crossing the legal line
- If employee won't admit disability, what are our reasonable accommodation obligations?
- Going over supervisor's head may be a protected activity
- Don't hand out authority without giving training to match
- Preserve records or face jury's wrath on overtime pay