Legal Question in Legal Ethics in Florida

Freedom of Speech in the Workplace

It is somewhat difficult to answer your question with clarity since there are numerous factors which cannot be addressed without specific information. From a state court perspective, it is necessary to determine whether or not the state in which you live is an "employment at will" State. For example, States which are allow employers to terminate employees "at will" with no necessity of showing cause for discharge. In the absence of a written employment contract for a specific period of time, and assuming you live in an "at will" State, your employer just might have the ability to terminate employment. You should, therefore, consult with counsel licensed in your state who engages in employment law for a precise answer regarding this issue. With respect to the protection of lst amendment rights embodied in Federal employment discrimination suits, this area of law is quite complicated. Section 107 of the Civil Rights Act of 1991 amended Title VII [Federal Employment Discrimination] be inserting the following: Except as otherwise provided, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. An answer to your question rests within the specific details and context of your termination. Obviously you have suffered adversely by your termination; however, a Plaintiff in an employment discrimination suit must show that the defendant intentionally discriminated against the plaintiff, and that the actions taken by the defendant were not taken for legitimate, nondiscriminatory reasons, which if believed by a trier of fact [judge or jury at trial] would support a finding that unlawful discrimination caused the employer's actions. The plaintiff in an employment discrimination suit always bears the burdens of proof and persuasion throughout. It is also necessary to know what is your occupation. If you have made disparaging remarks about other races privately and these remarks are nothing more than a personal opinion, the First Amendment has been said to mean "I may not agree with anything you say, but I'll fight for your right to say it." You may also consider challenging any termination through your state's unemployment proceedings. This can sometimes provide a forum where a record can be made that can serve as a basis for a private action. Finally, you can contact the Equal Employment Opportunity Commission in your area and file a complaint. This is a condition precedent to any employment discrimination suit anyway. Finally, if you feel your rights have been violated, contact counsel who is familiar with this area of law [ civil rights litigation/employment discrimination] and spend the money for a consultation.