Federal Court Affirms Protection Of Public Employee's Testimony Against Employer In Co-Worker's Lawsuit

A federal appellate court recently held that a public employee was illegally terminated for giving testimony on behalf of a co-worker. The co-worker had sued his employer, a city police department, for terminating his employment because he was an outspoken critic of the “war on drugs.” The administrative assistant to the chief of police, Martha Karl, testified that the police department retaliated against the co-worker for his pro-drug-legalization stance, and that the chief of police and assistant chief of police were not trustworthy. The assistant chief of police then took actions that led to Ms. Karl being terminated. The assistant chief of police should reasonably have known that Ms. Karl had the right to give damaging testimony against him on behalf of the co-worker's lawsuit. This decision affirms public employees' first amendment right to give truthful testimony on behalf of a co-worker on issues of public concern. The case was Karl v. City of Mountlake Terrace before the Ninth Circuit Court of Appeal.


Author: Russell Naymark

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