August 16, 2012

A Facebook “Thumbs-Up” Could be a Thumbs Down for your First Amendment Rights

By Cynthia McNabb

Facebook
In the ever-evolving legal environment regarding use of social media in and outside the workplace, a new case before the 4th Circuit is getting quite a bit of attention. In Bland v. Roberts, a deputy sheriff (along with five others) went on his Facebook page and, like millions of others every day, clicked the “like” button on a page he was viewing. The page happened to be a political page for a candidate running against his boss, the Sheriff of Hampton, VA. Once his boss was re-elected, Deputy Carter, along with Bland, et. all were terminated. The employer alleged that the employees were terminated for poor work performance and their support of the opposing candidate had disrupted the workplace.

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August 1, 2012

Ninth Circuit Reaffirms First Amendment Right of Public Employees to be Free of Retaliation

By Mitchell Riese

The Ninth Circuit Court of Appeals recently clarified the rights that public employees have to not be retaliated against by a supervisor for testifying in a deposition in the context of a civil rights lawsuit. In the case of Karl v. City of Mountlake Terrace, Martha Karl filed suit against the City of Mountlake Terrace and Assistant Chief of Police Pete Caw. Karl was the Confidential Administrative Assistant to the Chief of Police. In 2008, she was subpoenaed to give deposition testimony in a federal civil rights lawsuit filed by former department Sgt.

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