EMPLOYee free speech

The First Amendment to the United States Constitution protects the freedoms of speech,

religion, assembly, petition and the press from government intrusion. The Connecticut

Constitution protects the same rights from abridgement by the state government. Neither

constitution applies to private parties. Connecticut however, has a state law, Conn Gen. Stat. § 31-51q, that prohibits employers from disciplining or discharging employees for engaging in activity protected by the First Amendment and its state constitutional counterparts, provided the activity does not interfere with the performance of the employee’s job performance or relationship with the employer. The law also protects an employee’s refusal to attend events or listen to or read material whose primary purpose is the employer’s expression of religion or politics.

Examples of Protected Employee Free Speech

Conn. Gen. Stat. § 31-51q protects a variety of employee speech and expression, including political opinions, religious beliefs, participation in protests, and refusal to engage in employer-imposed political or religious activities. Employees also have the right to voice opinions on social or political matters as long as these actions do not interfere with their job performance or workplace relationships.

An employer who violates § 31-51q can be held liable for the employee’s lost wages and

attorneys’ fees. If you have been disciplined or discharged in violation of your speech or

political or religious expression, contact Pattis & Paz today. Attorney Chris DeMatteo recently won an appeal involving § 31-51q. We regularly defend the rights of employees and help them regain the compensation that they lost. Don’t be silent in the face of censorship. We never are.

Common Violations of Employee Free Speech Rights

Many employees face retaliation for exercising their free speech rights, including unwarranted termination, demotions, or hostile work environments. Employers may also unlawfully force employees to attend events that conflict with their personal beliefs or penalize them for expressing political or religious opinions. Recognizing these violations is the first step toward protecting your rights.

Exceptions to Employee Free Speech Protections

While free speech rights are broad, they are not absolute. Speech that disrupts workplace operations, constitutes harassment, or violates legitimate workplace policies may fall outside the protections of § 31-51q. It’s important to understand these boundaries to avoid misunderstandings about what is protected.

The Role of Social Media in Employee Free Speech

Social media has become a gray area in free speech protections. Employees often wonder whether comments, posts, or political opinions shared online are protected under § 31-51q. This section can explain how the law applies to online activity and offer guidelines for employees navigating this complex area.

Steps to Take if Your Free Speech Rights Are Violated

If you believe your free speech rights have been violated, start by documenting the incidents, including dates, conversations, and any retaliatory actions taken by your employer. Consider reporting the issue internally if possible. If the situation is not resolved or escalates, consulting an experienced attorney is essential to protecting your rights and holding the employer accountable under § 31-51q.

Pattis & Paz represent plaintiffs in employment discrimination actions in Connecticut state and federal courts. During the COVID-19 pandemic, the firm was one of the few to aggressively and successfully represent employees who were fired from their jobs for refusing to receive vaccines in violation of their religious beliefs. If you have been subject to unlawful discrimination by an employer, contact Pattis & Paz today.