Free Speech / Whistleblower

Braun & Associates, PLLC represents public employees who have been retaliated against because of their exercise of the right of free speech. Under the First Amendment to the United States Constitution, every public employee has the right to freedom of speech when addressing issues of public concern. 42 U.S.C §1983 provides that a person may sue for an award of money damages against anyone who, “under color” of any state law or custom intentionally violates a persons rights under the United States Constitution.

We also represent Tennessee public employees whose rights under the Tennessee Public Employee Political Freedom Act have been violated. The Act provides that no public employee shall be prohibited from communicating with an elected public official for any job related purpose whatsoever, and that it is unlawful for any public employer to discipline, threaten to discipline or otherwise discriminate against a public employee because such employee exercised that employees right to communicate with an elected public official.

Braun & Associates, PLLC also represents persons involved in “whistleblower” cases who blow the whistle on their employers for violation of employment discrimination law and/or fraudulent or other illegal activities. We also represent persons in “ qui tam” cases. Qui tam law allow an individual to bring a civil action to recover damages suffered by the state or federal government as a result of fraudulent or other illegal conduct of an employer or other person. The individual bringing the action on behalf of the state or federal government is entitled to a percentage of the monies recovered by the state or federal government. This allows an individual to serve a beneficial public purpose as a private attorney general.

Persons damaged by fraudulent activities may also have a right of action under civil RICO for treble damages and attorneys fees. Civil RICO prohibits patterns of fraudulent activity including use of the telephone or mail to further a scheme to defraud.