This morning, the Sixth Circuit revived a lawsuit brought by
a former city employee who allegedly was fired in retaliation for, among other
things, protesting what she perceived as an abuse of leave policies by the City
Attorney’s office and requesting public records in order to investigate her
suspicions. Handy-Clay
v. City of Memphis, No 11-5518 (6th Cir. 9-25-12). The Court found that her complaints about the
processing of public records requests was not protected by the First Amendment
because it was encompassed by her job duties.
However, her protests and inquiry about abusive attendance by certain
city employees was not encompassed by her job duties and her interest was based
on her status as a public citizen (if giving a liberal construction to her
complaint). Therefore, these concerns
were protected by the First Amendment.
NOTICE:
This summary is designed merely to inform and alert you of recent legal
developments. It does not constitute legal advice and does not apply to any
particular situation because different facts could lead to different results.
Information here can change or be amended without notice. Readers should not
act upon this information without legal advice. If you have any questions about
anything you have read, you should consult with or retain an employment
attorney.
