Civil Liberties-related Legal Question

[debsianben]

I'm writing this because I'm employed by a public university and I've been given reason to worry that I might be subject to some kind of disciplinary charges related to my participation in an off-campus anti-war protest. (I'm particularly worried because rather than flat-out firing me, they could just not renew my contract.) Does any one know the legalities of this? Would they have a right to fire me for participation in a legal off-campus political protest on the grounds that my specific comments to the press, given that I was identified as a graduate student at the university, "embarassed" the university and thus violated some ethical code or something? If anything that happened at the anti-war protest did arguably rise to the level of illegal civil disobedience (I don't think it did), would a public university have a right to fire me over that, even though it took place when I was off-campus and had nothing to do with my job?

I'd realy appreciate any information or advice any one could give me about my legal rights in this situation.

[Bigfoot]

1. maybe

Part of it depends on the state. Arizona for example is a "right to work" state. You can be fired with no reason given.

I would think thier HR wouldn't want the mess, however non-renewal of contract is WHY they use contracts in the first place.

[Peregrine]

2. Depends

It depends on your contract. And the government can discipline employees when they use their position in unauthorized activities which may embarass the organization. If in the interview you mentioned your association with the university, then they probably have grounds.

[TreasonousBastard]

3. Very tricky question...

and even the lawyers here would have a tough time answering it without some more details. Even with more details, they would have a tough time answering.

My layman's view of it is that they could easily toss you if they felt like it, and you would have to go through a million rather expensive legal hoops to get your job back, or be compensated. They may have the right to not renew your contract for no good reason at all, and won't link it to your remarks. You and your lawyer would have to prove the link.

A large part of the answer will be in your contract, and there will be state law and federal court cases bearing on this, but the law seems to be evolving as we speak, and the more conservative courts would probably not be all that sympathetic to your case.

[sweetheart]

4. you have no real recourse

if they do not renew your contract. This has happened to me, and
on consultation with a lawyer, it was not worth pursuing defamation
and unreasonable discharge lawsuits, as the evidence could be
denied by the company... and i had not the cash to file such
long lawsuits against an investment bank.

Perhaps if you get a new job in canada, you'll have more rights.