The First Amendment and case law that developed interpreting the First Amendment provides protection to government employees that speak out about certain matters. To prove a First Amendment Retaliation claim, a government employee must establish that he or she spoke out about a matter of public concern as a private person and suffered retaliation as a result. When retaliation occurs, employers often claim that the action taken against the employee was for legitimate reasons unrelated to the protected speech. Once that occurs, the government employee must establish that the reasons given by the Employer for the adverse action taken are disingenuous and pretext. If the employee can establish these elements and overcome the employer’s proffered reasons for the action taken, then the employee can prevail in a retaliation claim and be entitled to damages and attorney’s fees. First Amendment Retaliation cases are litigated in Federal Courts and can be complex requiring expertise and experience.
The Law Offices of Joseph Avrahamy has successfully litigated a number of First Amendment Retaliation cases on behalf of aggrieved parties. Joseph Avrahamy would be happy to discuss the facts of your case to determine whether you have sufficient grounds to pursue a First Amendment Retaliation claim.