Public Employees

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 Experience

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.