By dbking (Presidential Motorcade, PA Ave NW) [CC BY 2.0 ], via Wikimedia Commons
- flipped off President Trump’s motorcade,
- got photographed in the act,
- became a viral sensation,
- got fired from her job, and
- sued claiming a violation of public policy.
Whatever happened to that lawsuit?
According to multiple reports (1, 2, 3), a judge tossed the employee’s wrongful termination claim, which I foreshadowed back in April.
Law360 reports that, while Judge Penney Azcarate concluded that the plaintiff’s complaint failed to state a claim upon which relief may be based, Judge Azcarate would allow the plaintiff a few weeks to amend her complaint to attempt to cure these deficiencies.
The ABA Journal report includes a statement from the plaintiff’s lawyers:
“[The plaintiff’s] case is about democracy and the grave threat facing all Americans if keeping our jobs relies on our unconditional silence and support of the government in power. We intend to review the court’s concerns and decide how to proceed.”
Either way, the case will go forward. The plaintiff also sued for unpaid severance and, reportedly, that claim remains intact.
Although some states protect employees from getting fired for their political views/actions, in most situations, it remains true that First Amendment and freedom of speech are not going to protect an employee from getting fired — even if what they say online is on their own time.