Luis Aguilera, a former teacher in the Chicago public school district, is now suing the district claiming that he was wrongfully fired for exercising his free speech rights.
At the heart of the lawsuit is not something that Aguilera said, so much as something that he wrote, a memoir the former teacher wrote recounting his own relationship with an elementary school teacher when Aguilera was only 13, reports the Chicago Tribune.
Aguilera says that a parent took issue with Aguilera's memoir, titled "Gabriel's Fire," and the school district fired him for it back in 2009.
The former teacher is now seeking $300,000 in damages and his old job back, reports the Tribune.
If you are surprised that Aguilera is suing for his old job back, you are not alone. For most workers in the private sector, we enjoy no free speech rights from our employers. So, we can get fired for participating in Occupy protests, for writing a personal blog at home, or for saying something disagreeable (or even agreeable).
But what may set apart Luis Aguilera is that he is an employee of a public entity and so is probably protected by the First Amendment. Public employees are different than private employees because their employer is the government, subject to the government's rules and regulations like free speech rights. Private employers are generally not subject to these rules, unless they specifically choose to adopt them.
A former Chicago Public Schools teacher has sued the district for violating his freedom of speech rights. His lawsuit characterizes one of the key differences between a private and public sector employee.
Related Resources:
- Find a Chicago Employment Attorney (FindLaw)
- Luis Aguilera, Former CPS Teacher, Sues School Board Alleging He Was Fired Over Memoir's Content (Huffington Post)
- Student Rights, Free Speech, and Religion in Education (FindLaw)
- Ask A Question about Employment Law now (FindLaw Answers)
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