|Jottings By An Employer's Lawyer|
Monday, January 29, 2007
Garcetti in Action - No Bite for Dog Trainer
to the 6th Circuit was nothing more than the “the quintessential employee beef: management has acted incompetently.” Haynes v. City of Circleville, Ohio (6th Cir. 1/25/07)[pdf]. And employee beefs, legitimate or not, are no longer (if they ever were) the grist of successful 1st amendment claims.
Author's note:Although I could justify this post for the legal point, candor requires me to note that I mainly did it because Circleville, Ohio (the Pumpkin Capitol of the world) was the scene of the first formal legal hearing where I appeared as an "employer's lawyer." Actually, appear might not be technically correct, since in the summer of 1974, Richard Nixon was being forced out of the White House in disgrace, and I was a summer clerk at the (still) wonderful Columbus based law firm, Vorys, Sater, Seymour and Pease having finished only my first two years of law school at the University of Texas School of Law. Although I may not have been "on the record" as appearing, I did do the background investigation, sat at counsel table and I think helped write the post-hearing brief in an NLRB unfair labor practice hearing conducted by an NLRB administrative law judge.
What would have made this an even better post was if Judge R. Guy Cole, Jr. had been on the panel (he wasn't) since he was one of my fellow clerks at Vorys, Sater in the summer of '74.
Labels: constitutional rights