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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 31-51q

Citation
Section 31-51q
Parent Document
Cotto v. United Technologies Corp., 251 Conn. 1 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-10-12

Other Sections in This Document (143)

Full Text

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In addition, the jurisprudential background of § 31-51q, and the drastic consequences that the majority’s reading of the statute has in view of that background, support the conclusion that it was not intended to apply in the present case. This statute must be viewed against the background of the established jurisprudence regarding free expression in the workplace. Interpreting the statute so as to apply to speech by an employee at his private employer’s workplace necessarily imports into every employment relationship in the state that entire body of very complicated and fact sensitive constitutional jurisprudence. This, in turn, under the majority’s inteipretation, means that every employer in this state — large and small — would be well advised to consult with a constitutional lawyer before disciplining any employee for any workplace conduct arguably coming within any of the specified constitutional freedoms and rights. That recognition counsels strongly against a broad reading of the statute.