Amanda DeMatteis: Hi, Josh.
Josh Goodbaum: Hi, Amanda. What are we talking about today?
DeMatteis: Let’s talk about the First Amendment. We all know that we have a wonderful Constitution in the United States of America, and we have the right to freedom of speech. But do we have it at work?
Goodbaum: Whether you have a First Amendment right at work depends on who you work for and where you work. Let me break that down.
If you work for the government – any part of the government: the federal government, the state government, a municipal government – you have First Amendment rights because the First Amendment is a restriction on the government. Now, you don’t have the same rights of freedom of speech as you would if you were on the town green speaking about politics. You don’t have a right to say anything you want at work. But you do have some First Amendment rights if you work for the government, any part of the government.
If you work for a private employer, in most states, you don’t have any First Amendment rights vis a vis your employer because your employer is a private entity that’s not governed by the First Amendment.
That’s true almost everywhere – except in Connecticut.
In Connecticut, we have a statute, 31-51q, that applies the same protections that public employees have – that is, employees who work for the government have – against private employers. So, whether you work for the State of Connecticut or you work for a private employer in Connecticut, you have essentially the same First Amendment rights to speak at work and about work. That doesn’t mean you have the right to say anything you want whenever you want to, but it does mean that you have some rights.
So, if you are concerned that you are being subjected to retaliation because of your political speech, because of your political beliefs, because of something else that you’ve said or done that might be protected, that might implicate some important public policy, it’s probably time to talk with an employment lawyer.
DeMatteis: Thanks, Josh. That’s really helpful. Thank you guys for watching, and we’ll see you next time.