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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, pursuant to § 31~51q, it must be proven that the employee’s expression of public concern did not “substantially or materially interfere with the employee’s bona fide job performance or the working relationship between the employee and the employer.”6 According to first amendment jurisprudence, if an expression is considered to be one of public concern, the issue becomes how to balance “the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.”7 Pickering v. Board of Education, supra, 391 U.S. 568. “[T]he [balanc*49ing test] requires that we examine carefully the particular facts and circumstances of the case.” Schnabel v. Tyler, supra, 230 Conn. 750-51. Consequently, pursuant to § 31-51q, both fact-specific concerns must be taken into consideration.