UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech
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300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.15000 – Speech
300.15000 – Speech
The Rancho Santiago standard encompasses two different tests to determine whether employee communications are protected. When an employer’s objection to employee speech is content-based, the speech is protected unless (1) it is demonstrably false, and (2) the employee knew the speech was false or acted with reckless disregard for whether it was true or false. When an employer’s objection to employee speech is conduct-based, e.g., applies to how the speech was made, the speech is protected unless it is so opprobrious, flagrant, insubordinate, or disruptive to workplace operations that it loses its statutory protection.