Oklahoma Jury Instruction - 1.1.1 Public Employee First Amendment Claim Discharge - Failure To Promote Free Speech On Matter Of Public Concern

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-1-1
• 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.

Title: Oklahoma Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern Keywords: Oklahoma Jury Instruction, Public Employee, First Amendment Claim, Discharge, Failure to Promote, Free Speech, Matter of Public Concern Description: The Oklahoma Jury Instruction — 1.1.1 focuses on public employees' First Amendment claim, specifically pertaining to the discharge of individuals due to the failure to promote free speech on matters of public concern. It entails the jury instruction provided to guide jurors in related legal proceedings within the state of Oklahoma. This type of instruction highlights the essential elements and legal parameters that dictate claims made by public employees who believe they have faced wrongful discharge due to their failure to promote free speech on a matter of public concern. Such cases typically arise when a public employee believes their rights under the First Amendment have been violated, asserting that they faced adverse employment actions based on their speech about public affairs or issues of importance. The Oklahoma Jury Instruction — 1.1.1 serves as a guide to ensure consistency and fairness during the trial process and assists jurors in understanding the legal standards applicable to this particular claim. It outlines the various elements that need to be proven for the plaintiff to succeed, including: 1. Public Employee Status: The plaintiff must prove their classification as a public employee, as this type of claim is specific to individuals working in the public sector rather than private sector employees. 2. Exercise of Free Speech: The plaintiff needs to demonstrate that they engaged in speech activities related to a matter of public concern. Public concern refers to issues that affect the public at large or a substantial segment of it, rather than personal grievances or private matters. 3. Adverse Employment Action: The plaintiff must show that they suffered an adverse employment action, such as discharge, demotion, discipline, or constraining work conditions, due to their failure to promote free speech on a matter of public concern. 4. Causal Connection: It is crucial for the plaintiff to establish a causal connection between their exercise of protected speech and the adverse employment action, demonstrating that the employer's decision was a direct result of their failure to promote free speech. Different types or variations of Oklahoma Jury Instruction — 1.1.1 may exist concerning specific circumstances, such as: — Failure to promote free speech: This type pertains to situations in which public employees claim they faced adverse employment actions, such as non-promotion, resulting from their active promotion of free speech on matters of public concern. — Retaliation for protected speech: In such cases, public employees argue that they experienced detrimental actions by their employer as a form of retaliation for exercising their right to engage in protected speech on matters of public concern. — Discriminatory discharge based on speech: This type centers around public employees claiming that they were discharged based on their failure to promote free speech on a matter of public concern, arguing that such discharge was discriminatory in nature. In conclusion, the Oklahoma Jury Instruction — 1.1.1 aids in clarifying the legal standards and requirements for public employees pursuing a First Amendment claim related to their discharge resulting from the failure to promote free speech on matters of public concern. By providing guidance to jurors, this instruction contributes to ensuring a fair and just resolution to cases involving the protection of an individual's rights to engage in free speech within the public employment context.