3rd Circ. Revives Wrongful Firing Case Over Wiretap Claim

Law360 (October 10, 2019, 8:00 PM EDT) -- The Third Circuit on Thursday revived a First Amendment claim by a former Pennsylvania state worker who alleged that she was fired for complaining about being secretly recorded by a union official, reasoning that she was entitled to free speech protection because her report of the matter concerned the public's interest.

Using case law distinguishing speech made as an employee from speech made generally as a citizen, a three-judge panel found that the report by former Luzerne County Human Resources Director Donna Davis Javitz was shielded by the First Amendment. While the appeals judges remanded the First Amendment allegation for further...

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