Q: Explain the Connick test.
Connick test: adverse employment action
i) Is the speech fairly related to a matter of public concern? (fairly related to a matter of political, social or other community concern) (if statement made in public, then more likely to be matter of public concern); ?P has burden to prove was re: matter of public concern from the
(1) Content,
(2) Form &
(3) Context …of the whole record
[not just shock talk]
ii) Apply subjective balancing test to determine whether employee may be disciplined ?burden shifts to employer
(1) Speaker’s interests in making statement (how valuable is the speech) v.
(2) Interest of the state as an employer in promoting efficiency of the public services the gov’t performs; does the statement…
(a) Impair discipline structure?
(b) Have a detrimental impact on close working relationships?
(c) Impair the performance of the speaker’s/others’ duties or the regular operation of the enterprise?
(d) Lower morale?
Are you a lawyer? Or, do you just knoooow the answer?
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