UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech
Single Topic for Decision 2586E
Full Decision Text (click on the link to view): Full Text
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.