In order to establish liability in an Atlanta wrongful termination case based on retaliation, the employee must be able to show that he or she engaged in protected activity, that he or she suffered an adverse employment action, and that there was a causal relationship between the protected activity and the adverse action.
In a recent case, a public employee alleged that he had been fired for making statements that were protected by the First Amendment. The city that previously employed the plaintiff in that case disagreed, however, asserting that the statements in questions were made in the employee’s professional – not personal – capacity. While there are some situations in which an employee’s termination for speech made during the course of his or her employee might be considered unlawful, both the district court and the appellate court agreed that such was not the case.
The United States Court of Appeals for the Eleventh Circuit (the same circuit that hears appeals from federal district courts in Georgia) recently decided a case involving allegations that a city employee (a former fire chief) had been retaliated against after he attempted to enforce fire safety rules at an historic building owned by persons with political connections to city government. In the suit, the plaintiff sought relief under the First and Fourteenth Amendments to the United States Constitution, as well as a state whistleblower statute. The plaintiff initially filed his lawsuit in state court, but it was removed to federal court by the defendant city.