QUESTION
Can a public school employee be reprimanded and/or threatened with termination if they make negative comments about their school in a teachers'' room?
Asked on Jun 12th, 2012 on Labor and Employment - Massachusetts
More details to this question:
Said employee was eating lunch in a teachers'' room. She made some critical comments about another school within the same district. These comments were overheard and shared with employees of the school that was the topic of discussion. Upon hearing about these comments, the principal of that school verbally reprimanded and threatened the employee with termination if it happened again.
My question: Wouldn''t these opinions be allowed without threat of reprisal under the 1st Amendment?
1 ANSWER
4 Awards
The first amendment might apply depending on what the statements were. The statements need to be such that the public would have an interest in hearing them.
It is also quite likely that the principal's threats are a violation of your state's labor law rules. Employees can discuss terms and conditions of employment with each other and threats that you describe would be an unfair labor practice.
You can discuss this with a labor attorney and/or with your union rep.
Answered on Jun 12th, 2012 at 5:41 PM