Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawTerminated Volunteer Wins First Amendment Case
Terminated Volunteer Wins First Amendment Case
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.
In a major employment law case of first impression, an uncompensated volunteer's jury verdict in her favor was upheld even though she was not an employee. The case is Lynch v. Town of Southhampton, ___F.3d___(2d Cir. Dec. 2, 2008). Unfortunately, the appellate court did not address the issue of whether a volunteer can bring a First Amendment challenger to her discharge because the defendant here failed to properly preserve that issue for appellate review.
The plaintiff had claimed that she was terminated in retaliation for writing letters to the editor, to T.V. and for filing a lawsuit.
Volunteers are generally not protected under our nations employment laws. Why? Because they are not employees. Whether they can bring a First Amendment or other constitutional claim, however, remains a very interesting unresolved question.
Mitchell H. Rubinstein
NYPPL comment: Only rarely does one find litigation involving the separation of a volunteer worker. One such case: Wonder v Hyland, CA9, 127 F3 1135. Roy L. Wonder was a volunteer with a juvenile probation department for 10 years. He alleged that he was "fired" from his position in retaliation for writing a memorandum critical of the facility's management. The U.S. Circuit Court of Appeals held that volunteers have the same First Amendment right to speak on matters of public interest that government employees enjoy [Pickering v Board of Education, 391 US 563] despite the fact that they were not technically government employees.
Full post as published by New York Public Personnel Law on January 22, 2009 (boomark / email).
Parody is a Protected Form of Speech
Targets of criticism seek to shut down Internet sites that poke fun
Social Security Class Action Launched
to Reinstate Wrongfully Terminated Payments
FedEx
Ground Business Model Wins Class Action in Washington
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Speedway Fatality
'Amazing Race' family wins lawsuit with Daytona Speedway.
Asbestos Mesothelioma Victim
Wins $16.5 Million Settlement
Facebook
Wins $873 Million Settlement

Terminated Volunteer Wins First Amendment Case
Bush Lied - They Died T-Shirt Case Concludes - First Amendment Wins
10th Issues Rare First Amendment Victory To Public Employee








