Government employees who speak out on matters of public importance and are punished for doing so may be able to sue for unlawful retaliation. They may even be able to make those claims years later—if they can show a connection between speaking out and an adverse employment action.
Recent case: Alfonso Davenport works as a university police officer. His duties include patrolling the campus, acting as a shift supervisor, developing firearms training and investigating crimes. He has held the job for nearly a quarter century.
In 1999, Davenport complained to university officials that the Department of Public Safety chief was misusing resources, and that the department lacked adequate equipment, uniforms and parking. In 2002, the chief resigned just before his indictment for alleged illegal misuse of resources.
Davenport applied for the chief’s position several times, but was not selected.
He sued, alleging he was being retaliated against for reporting the lack of resources back in 1999.
The court decided Davenport’s job duties did not include reporting a superior’s wrongdoing or complaining of a lack of police resources. Since the matter was obviously one of public concern—and Davenport was acting as a private citizen since his job didn’t include reporting the problems—his speech was protected under the First Amendment of the Constitution. He could therefore sue for retaliation.
Davenport still lost the case because he was unable to prove that his earlier report was the reason he wasn’t promoted. (Davenport v. University of Arkansas, No. 08-1438, 8th Cir., 2009)
Final note: Clear documentation helps employers win retaliation cases. Be sure you can prove you used objective criteria to select the best candidates for all promotion and hiring decisions.
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/8821/protected-speech-can-be-used-to-prove-retaliation "
- 94% of plant's workers illegal? ICE detains hundreds in sting
- Employee requests transfer? Get it in writing to avoid later false claims
- Avoid double tax on reinvested capital gains
- Is it risky to indemnify a candidate against violating a noncompete agreement?
- Failure to interview for promotion can be retaliation