Emloyment Law Group - Law Firms - Whistleblower Lawyers
Live Chat Contact Us 24/7 Email US
Contact Us: Live Chat, Call, Email Chat email

Use of this form does not establish an attorney-client relationship. As a next
step, you will hear from a client specialist.

Our Clients in Their
Own Words
Play Video: Whistleblower Attorney Testimonials | Wendell Carter
Previous Video
Next Video

Toll Free: 1-888-826-5260
Fax: 202-261-2835

[email protected]

1717 K St. NW
Ste 1110
Washington, DC 20006-5345

The Employment Law Group,PC. BBB Business Review

Whistleblower Law Blog

Ninth Circuit Strengthens Public Employee Whistleblower Protection

In Garcetti v. Ceballos, the Supreme Court held that whistleblowing by public employees in the course of performing their official job duties is not protected under the First Amendment as a matter of law.  As a result of the Garcetti decision, many public employee whistleblower retaliation claims have been dismissed on summary judgment.  In a recent decision, Posey v. Lake Pend, the Ninth Circuit held that the question of whether a public employee is speaking on matters of public concern pursuant to her official duties is a mixed question of fact and law, and therefore should be decided by the jury.  This decision is significant because it increases the odds of public employee whistleblower retaliation claims surviving summary judgment where they can prove that:  (1) they spoke on a matter of public concern; (2) the state lacks adequate justification for treating the plaintiff differently from other members of the general public; and (3) there is a genuine issue of material fact as to whether the employee blew the whistle outside the scope of their job responsibilities. 

Tagged: ,

decorative line
facebook logo twitter logo linkedin logo
Home  |  What We Do  |  Our Team  |  Our Clients  |  In The News  |  Resources  |  Contact Us

Our Location: Washington, D.C.

© 2021 The Employment Law Group, P.C. - All rights reserved.
Disclaimer | Terms of Use | Privacy Policy