Are public employees protected against discharge and retaliation for things they say as a citizen?
Are public employees protected against discharge and retaliation for things they say as a citizen? Public employees do not shed constitutional protections when they enter the work place. In the absence of proof that the public employee knowingly or recklessly made false statements, a public or government employee has a right to speak as [...]
Unreasonable Force in “Terry Stop” Gives Rise to Officer Liability
Quarter Million Dollar Verdict to Richmond Police Officer Wesley Moore, represented by Civil Rights Attorneys Tom Roberts and Andrew Bodoh. On January 30, 2013, a Richmond jury awarded a $250,000 to Richmond police officer Wesley Moore against a junior patrol officer for battery arising from a August 10, 2010 stop in South Richmond. He was [...]
Religious Intolerance and Violence in Afghanistan
Religious Intolerance and Violence in Afghanistan Editorial Opinion 4-3-2011 Recent violence in Afghanistan has killed many innocent lives as Afghans protest the March 22, 2011 burning of a copy of the Koran by a preacher in Florida who has more in common with shocks jocks Howard Stern and Don Imus than with Jesus. Afghan President [...]
Freedom Works
Freedom Works Commentary by Thomas H. Roberts, Esq. Founder of Freedom Works Foundation The United States of America was founded upon the ideal of Freedom. What is the origin of Freedom? Adopted unanimously by the thirteen colonies July 4, 1776, the founders of this country declared: “We hold these truths to be self-evident, that all men [...]
Prior Restraint of Speech – First Amendment Violations
RIGHT TO BE FREE FROM PRIOR RESTRAINT AND CENSORSHIP IN VIRGINIA You Can Help Defray the Legal Fees of Cox and Karn – To Help In This Battle The law firm of Thomas H. Roberts & Associates, P.C., an affiliate law firm of Freedom Works Foundation, is proud to stand against prior restraints and censorship [...]
“Blue-Pencil” Clauses in Virginia
Virginia Courts will not re-write or strike out, or “blue-pencil” restrictive covenants. Traditionally an editor would use a blue pencil to make corrections to written copy since the corrections would not show up in a number of older lithographic or photographic reproduction processes. The courts adopted the phrase “blue-pencil” test to describe a court striking [...]
Summary of the law of non-competition in Virginia
Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton [...]
Can My Employer Require Me to Get a Medical Examination?
An employer subject to the Americans with Disabilities Act (ADA) may make post-hiring inquiries into the ability of an employee to perform job related functions. Otherwise, the employer cannot require medical examination or make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or [...]
What is Intentional Infliction of Emotional Distress in Virginia?
This is a summary of intentional infliction of emotional distress, a tort in Virginia. The law in Virginia is not meant to address merely rude behavior. However Virginia law does recognize the tort of intentional infliction of emotional distress. The Virginia Supreme Court recognized this intentional tort as a cause of action in Womack v. [...]
THE GROWING POLICE STATE – FREEDOM FADING
January 28, 2013 Tom Roberts, Esq. Civil Rights, Commentary, Freedom of Speech and Press
THE GROWING POLICE STATE – FREEDOM FADING Editorial Opinion – Freedom Works Foundation 1-27-2013 Chris Hawkins is one of a number of protesters who charged with trespass on the Virginia capitol grounds in violation of 18.2-119 and unlawful assembly in violation of 18.2-406 on March 3, 2012 while protesting legislation. His story did not end [...]
18.2-152.4, 18.2-174, 18.2-186.3 Capitol Police, Chris Hawkins, first amendment, Freedom Works, Freedom Works Foundation, freedomworks, identity theft, Impersonating an Officer, Michael Herring, Obstructing justice, Obstruction, police state, trespass, unauthorized copy of computer data