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
Original Source: https://www.courtlistener.com/opinion/7898264/cotto-v-united-technologies-corp/ ↗

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In the present case, the Appellate Court noted in a footnote that the allegations in the complaint implied that the plaintiffs expressions interfered with his relationship with his employer by causing a disturbance among the employees. Cotto v. United Technologies Corp., supra, 48 Conn. App. 625-26 n.10. The complaint, however, alleges that “[a]s a result of the plaintiffs refusal to display the American flag and as a direct and proximate result of his comments with respect to displaying the flag, he was subjected to threats and harassment from his coworkers. Said threats and harassment were directed toward him by his coworkers with the full support and encouragement of the [defendant].” (Emphasis added.) When the facts are construed in a light most favorable to the plaintiff, they indicate that the defendant, not the plaintiff, caused the threats and harassment. In addition, there is no evidence describing the extent or characteristics of the harassment and threats, where the harassment or threats took place, or the effect that they had on the parties. The extremely fact-specific nature of the necessary inquiry into the disruptiveness of the plaintiffs expressions manifests the factual nature of this particular issue — an issue that should not be decided as a matter of law on the pleadings. “In performing the balancing [test], the statement [at issue] will not be considered in a vacuum; the manner, time and place of the employee’s expression are relevant, as is the context in which the dispute arose.” Rankin v. McPherson, 483 U.S. 378, 388, 107 S. Ct. 2891, 97 L. Ed. 2d 315 (1987).

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