Stokes v. City of Mount Vernon: Garcetti Revisited

I keep meaning to blog about a recent decision that came down in the Southern District of New York concerning a public employee’s free speech rights under the First Amendment, but Wait a Second beat me to the punch.

I wrote previously about how a Supreme Court decision dramatically curtailed the free speech protections of public employees, resulting in some odd incentives. In the case at hand, the question concerns the legality of retaliation by a government entity that does not have a direct employer-employee relationship with the person whose speech is in question. As Wait a Second writes:

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Forced Resignation: Better Than Being Fired?

A great post over at Screw You Guys, I’m Going Home asks what you should to do if you’re being “forced” to resign.  My take: ask yourself, what’s in it for them? Why aren’t they just firing you? Maybe they’re doing you a favor, but maybe they’re just protecting themselves at your expense. And what do you get out of quitting?

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