An employee who works for a government agency or other public employer and files an internal grievance may be protected from retaliation. That’s because the grievance may be protected First Amendment speech, against which the employer can’t retaliate.
Recent case: Thomas DiTullio was a patrol officer for the township of Washington when he was passed over for
a promotion. He filed an internal grievance and then was invited to dinner with the mayor, who allegedly promised to settle the case. That didn’t happen. Instead, DiTullio found himself the object of an internal investigation that he believed was started to dissuade him from pursuing his grievance.
He sued, alleging retaliation for exercising his First Amendment right to speak out over unfairness by filing the internal grievance. The court agreed he had enough evidence for a jury trial. (DiTullio v. Township of Washington, No. 06-5671, DC NJ, 2008)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8345/govt-workers-with-free-speech-claims-can-charge-retaliation "
- FMLA leave spikes before weekends, holidays? Investigate suspected abuse, fire if warranted
- Are we required to grant a former employee access to his personnel records?
- Equal Pay for Older Workers
- What are the pitfalls of 'double-breasting' to win nonunion contracts?
- Key to beating lawsuit: Belief worker broke rule