Public Employees' Civil Rights
Public employees enjoy additional rights not available to private employees. For
example, hidden surveillance systems and unannounced searches of personal
belongings may be illegal. Public employers may not violate their employees'
reasonable expectations of privacy. Of course, these types of actions may be
allowed if employers have good reasons for them, such as evidence of employee
misconduct, or if the nature of the job requires it.
Public employees may be protected from being disciplined or fired because of
their comments on the job, as long as those comments are made about a matter of
public concern. Matters of public concern can be difficult to define, but
generally include topics that affect a large number of people. However, this
protection does not apply if the employer has an important need for an
efficient workplace. For example, discussing your political opinions will
probably be protected. Expressing your personal problems with your boss
probably will not be protected. Threatening to harm your boss, even if he or
she is a political figure, will certainly not be protected.
Finally, public employees have the right to be treated fairly during the
disciplinary process. If you have been suspended or terminated, you are likely
entitled to a hearing to decide if the suspension or termination was proper.
Some public employees may not be fired without just cause-for example,
employees with tenure and employees who have rights to their jobs under
contracts or the law. You may also be entitled to a name-clearing hearing if
you were disciplined because of misconduct on the job.
Nichols Kaster & Anderson, PLLP has litigation experience in many types of
cases. If you think you may become involved in litigation with your employer,
feel free to contact us.
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