Nassau New York Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• County: Nassau
• Control #: US-11CF-1-1-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Nassau New York Jury Instruction — 1.1.2 Public Employee First Amendment Claim Discharge — Failure To Promote Political Disloyalty — Key Employee In Nassau County, New York, the courts provide specific instructions to juries when dealing with a public employee's First Amendment claim of discharge due to failure to promote based on political disloyalty, particularly in cases involving key employees. This particular jury instruction serves as a guideline for judges and jurors to evaluate such claims fairly and accurately. Below is a detailed description of this specific instruction, with a focus on relevant keywords. 1. Public Employee First Amendment Claim Discharge: The instruction primarily deals with cases involving public employees asserting their First Amendment rights against discharge by their employers. Public employees, including government officials and civil servants, enjoy certain protections under the First Amendment, safeguarding their freedom of speech, expression, and association. This instruction specifically addresses instances where discharge or failure to promote is claimed as a violation of these rights. 2. Failure To Promote: This instruction emphasizes the element of failure to promote, which indicates that the employee was denied a higher position or advancement within their organization. Such a claim arises when an employee believes that their political disloyalty may have influenced the employer's decision not to promote them, though they were otherwise eligible and had the necessary qualifications. 3. Political Disloyalty: Political disloyalty refers to situations where an employer takes adverse action against a public employee due to their political affiliations, beliefs, or activities. This instruction focuses on cases wherein the public employee alleges that their lack of support or alignment with their employer's or organization's political preferences has resulted in negative employment consequences, such as a denied promotion. 4. Key Employee: The specific mention of "key employee" in the instruction suggests that it may differ from other instructions and standards applied to regular public employees. The term "key employee" typically refers to personnel who hold influential or critical positions within an organization. These employees may possess decision-making authority or are responsible for essential duties vital to the functioning of their departments. The distinction implies that the court may give special consideration to their claims of political disloyalty-related discharge or failure to promote. It is important to note that while this description provides a general overview of the Nassau New York Jury Instruction 1.1.2 on public employee First Amendment claim discharge concerning political disloyalty and failure to promote, it is always recommended consulting the official instructions or seek legal advice for complete and accurate information.