Employment And Freedom Of Association
While the Constitution protects the First Amendment freedom of speech, free speech rights are limited in the workplace. Municipal employees, or people employed by the state, county, village or any other state organization, may have limited First Amendment freedom of speech rights but the freedom of association is a much more broadly protected right in the workplace.
At the Law Offices of Louis D. Stober, Jr., L.L.C., we have been successful in fighting job terminations on the basis of the First Amendment freedom of association for employees who were fired for workplace speech and political affiliation. Freedom of association is the right to associate with other people, even in the workplace, and applies to political speech and affiliation.
If you were fired for political speech in the workplace, you may have a freedom of association First Amendment case. We will help you understand your employment rights. If your employment rights were violated, we will hold your employer responsible and seek damages for your wrongful termination. Contact our law firm, which is located in Mineola, New York, or call 877-791-8076 to speak to a Nassau freedom of association lawyer.
Policymaker Exception For Freedom Of Association Rights
While association rights are broadly applied to the workplace, there is an exception for the right to associate. If you are in a policy-making position, the right to associate does not apply because as a policy maker, you or your policy-making employer has a right to associate with like-minded people in policy-making situations. Nonpolicy-making employees, however, cannot be fired for political speech and affiliation in the workplace.
The determination of whether you are or your employer is in a policy-making position is based on several factors. If you bring a claim for violation of your right to associate and you are not a policy maker, then you are entitled to First Amendment protection.
Experienced Hudson Valley Employee Lawyers
With more than 30 years of experience representing clients in Long Island and throughout the Hudson Valley area, we know what it takes to bring a successful claim for New York employees. Our firm is widely recognized for obtaining strong results on a variety of employment law issues, including First Amendment freedom of association rights.
In a recent case, we achieved a favorable result for a client who was fired after the employer created a false civil service report to act as cause for a failure to appoint and subsequently to strip him of all functions within the Probation department. For this client, whose employment was adversely affected for participating in a political group, we obtained a hugely successful verdict with $2 million in damages (Thorsen v. County of Nassau).
Speak With Our Attorneys
Contact our attorneys or call 877-791-8076 to see whether you have a First Amendment freedom of association claim after your employment was adversely affected because of workplace political speech or activity. Our attorneys will realistically inform you of the strength of your case, and if you have a case, the employment lawyers will work vigorously on your behalf.