Disciplining Employees for Free Speech, Whistle Blowing, and Political Activities

Katz, M., & LaVan, H. 2005. Disciplining employees for free speech, whistle blowing and political activities. Journal of Individual Employment Rights, 12: 119-135.

18 Pages Posted: 31 May 2015

See all articles by Helen LaVan

Helen LaVan

DePaul University - College of Commerce

Marsha Katz

Governors State University

Date Written: May 30, 2006

Abstract

The first part of this article reviews literature and case law on disciplining employees for free speech, whistle blowing, and political activities. It focuses on the extent to which an employer regulates off-the-job behaviors of its employees. Although this is not a treatise on the underlying law, the authors discuss constitutional law (especially the First Amendment), limitations on at-will employment, the Whistle Blowers Protection Act, and some state laws and the potential impact of these on the employer’s behavior. The second section reviews and analyzes the results of litigation over an eleven-year period to determine the win/lose rates in the relevant courtroom battles and whether those rates have changed with an increasingly protective public policy.

Keywords: Whistle blowing, First Amendment, employee, law, at-will

Suggested Citation

LaVan, Helen and Katz, Marsha, Disciplining Employees for Free Speech, Whistle Blowing, and Political Activities (May 30, 2006). Katz, M., & LaVan, H. 2005. Disciplining employees for free speech, whistle blowing and political activities. Journal of Individual Employment Rights, 12: 119-135. , Available at SSRN: https://ssrn.com/abstract=2612504 or http://dx.doi.org/10.2139/ssrn.2612504

Helen LaVan (Contact Author)

DePaul University - College of Commerce ( email )

Chicago, IL 60604
United States

Marsha Katz

Governors State University ( email )

University Park, IL 60466
United States

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