Employment Law Discussion Post essay sample

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Employment Law

Please respond to the following: Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not.

The case of Garcetti v. Ceballos was brought to the court to decide whether the decision of Richard Ceballos, a supervising district attorney in Los Angeles County, who stated that a witness in one of his cases gave unfair information, was protected by the First Amendment. The Court applied the Pickering balancing test to this case which aimed to regulate the individual and public interest in the speech, and the public employer’s interest in effective work. I agree with Souter who wrote that there is no need to balance these competing needs if the employee speaks about what his job requires him to address (mla.org). There are two reasons why an adjustment in line with the Pickering balancing test can be applied in this case. Firstly, it is possible to predetermine the extent of the public employer's authority over speech beforehand in order to make some barriers for the employee to overcome in speech.

Thus, the employee would not be able to overcome the barrier unless he speaks truth. Secondly, there was a link to the case to legal outcomes in the Circuit levels. According to Souter, First Amendment protections even less limited than articulated above have been available in the Ninth Circuit for almost twenty years, but these protections did not influence the weakening flood of litigation (Law of Public Communication).Many states are facing budget constraints that are shining a light on public employees’ pay and benefits, which have led to debates about state employees’ collective bargaining rights. From a public administrator perspective, speculate to the short-term and long-term effects if limited collective bargaining is adopted. Hint: Look at all the stakeholders involved.

There are two controversial points of view on the question of limited collective bargaining for state employees. On the one hand, collective bargaining is necessary as they would make wages fair and equal thus increasing productivity. However, on the other hand, it isn’t necessary to implement these changes, as the effect of increased wouldn’t be long-lasting, because the salaries and wages of government employees are already too generous and limited collective bargaining would only delay the administrative processes of government agencies, thus being reason for people becoming greedy, stopping to work and making strikes.

Works Cited

"Ramifications of the Supreme Court's Ruling in Garcetti v. Ceballos." Modern Language Association. 5 May 2010. Web. 4 Aug. 2015.

Middleton, Kent R. E-Study Guide For: Law of Public Communication - 2008 Update. 7th ed. 2008. Web. 4 Aug. 2015. .Bottom of FormBottom of …

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Tags: case, test, law, speech, first


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