Wiggin and Dana Partner Quoted in Bloomberg BNA Daily Labor Report

November 9, 2017

Wiggin and Dana Labor and Employment partner, Lawrence Peikes, was quoted in the article, "Caution Advised in Disciplining Workers for Political Expression," published by Bloomberg BNA in the Daily Labor Report.

The article discusses the potential liabilities for employers when disciplining employees for controversial political expression outside of work.

Mr. Peikes tells Bloomberg BNA, while free speech claims do arise from time to time in the public sector, "because the First Amendment does not apply to private employers, a discharge based on purely political speech not involving some other form of protected activity would not be actionable."

However, he goes on to say later in the article that the Connecticut law "essentially extends First Amendment free speech protections to the private workplace...Consequently, employers in Connecticut are prohibited from discharging employees for speaking out on a matter of public concern in the capacity of a citizen. We certainly see these cases from time to time, although I've not heard of any suits alleging wrongful discharge under the statue for anti-Trump speech."

To read the full article, please click the PDF link below.