Cases — June 28th through July 4th

Discrimination & Retaliation Rock v. Levinski (10th Cir., June 29, 2015) (affirming Rock’s dismissal because her right to free speech did not overcome Levinski’s concern that those in high-ranking policy positions should “speak publicly with a single voice on policy matters”) Miscellaneous United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and […]

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Utah’s Public Employers Are Not Required to Withhold Voluntary Political Contributions from Their Employees’ Paychecks

In Utah Education Association v. Shurtleff, the Tenth Circuit vacated its prior decision and upheld Utah’s Voluntary Contributions Act, which provides that a public employer cannot withhold from its employees’ paychecks any voluntary political contributions, including contributions to unions. The Tenth Circuit initially agreed with the district court that the Act was unconstitutional because it […]

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Do Governmental Employees Have the Right to Comment on their Belief that the Agency by which they are Employed is Acting Outside its Authority?

The federal appellate court having jurisdiction over federal questions arising in Utah, the Tenth Circuit, issued a decision on January 8, 2009, explaining that an employee’s concern over the scope of an investigation was a matter of public concern. The court in Dixon v. Kirkpatrick held that, although an employee had raised an issue of […]

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