Government Employment Rights

Government employees consider employment rights.

Public sector, or government, employees receive slightly more protection than do private sector employees. For instance, the Fourth Amendment applies to all U.S. citizens, yet most private employers receive exemption from abiding by this right when they believe an employee is guilty of misconduct, according to "The Employee Rights Handbook."

Distinction

While private sector employers have liberties in investigating employees, such as through urine testing even when unrelated to job performance, government employees can only be "searched" in this way when a justifiable cause exists, such as a threat to public safety or security.

Features

In addition to the Fourth Amendment, the First and Fourteenth Amendments protect government employees from being retaliated against in the use of speech that concerns the public. Examples of public concern include police and firefighter performance or cases of government inefficiency and waste.

Specifics

Legislation protecting government employee rights includes the Whistleblower Protection of 1989. If a federal employee observes gross misconduct by a government employer, such as committing illegal acts or threatening public safety, she may report this misconduct without fear of retaliation because of this act.

References

• "The Employee Rights Handbook": Steven Mitchell Sack; 2000
• The 'Lectric Law Library: Rights of Employees
• Workplace Fairness: Retaliation
• "Human Resource Management in Public Service"; Evan M. Berman, James S. Bowman; 2009