The United States Constitution guarantees fundamental rights such as freedom
of speech, freedom of religion, freedom of association, due process and
equal protection under the law. In the workplace, government employers
must uphold these rights for their employees. State and municipal law
also extend equal employment and certain job protections to government
employees. This includes the right to be free from retaliation because of
whistleblowing activities. Many state, county, and municipal employees also enjoy job
security granted to them by their government employer, and in the event
of a discharge from employment without just cause, they have the right
to appeal their termination to a personnel appeals board.
In many cases, federal law under section 1983 of Title 42 of the United
States Code provides a remedy for workplace constitutional violations.
State and municipal employees may also have remedies under civil service
laws or union grievance procedures. Federal employees can file claims
with the Merit Systems Protection Board ("MSPB") or their agency's
Equal Employment Opportunity office. Federal employees may elect to have
their cases heard by the agency, the Equal Employment Opportunity Commission
("EEOC") or in federal court.
Our attorneys have decades of experience litigating constitutional and
statutory cases for public employees in state and federal court including
claims arising under the First Amendment, Due Process and Equal Protection
clauses. We have represented numerous public employees in civil service
proceedings and personnel boards. We have assisted many federal employees
with claims before the MSPB and the EEOC. The intertwining of these various
constitutional and statutory rights is confusing and complex even to the
most sophisticated lawyers. Depending upon which federal, state, or local
government employs you, your rights may be radically different from the
rights of another public employee. If you are a public employee with questions
or concerns regarding your employment situation,
contact Frank Freed Subit & Thomas.