An at-will employee at Carlota's Cucina, a restaurant, posted on his personal Twitter page: "I do not know what's worse, my horrible boss or the horrible wings that we serve at #Carlotas Cucina." The employee posted this late at night while at his home. After viewing the tweet, someone decided to share it with the employee's boss. The boss then fired the employee because of the employee's tweet. Can the employee successfully sue for damages based on the claim that he had a First Amendment right to share his negative opinions about his boss and his place of employment? O Yes, because the employer cannot fire an employee without good cause. O Yes, based on the same reasoning as in the U.S. Supreme Court decision, Mahanoy Area School District v. B.L. (2021). O No. The First Amendment applies only to governmental entities, not to private employers. O Yes, because the employee was not within the scope of employment but was in his own home and deserved a reasonable expectation of privacy. No, because the statement was not in print, such as in a magazine or in a newspaper.
An at-will employee at Carlota's Cucina, a restaurant, posted on his personal Twitter page: "I do not know what's worse, my horrible boss or the horrible wings that we serve at #Carlotas Cucina." The employee posted this late at night while at his home. After viewing the tweet, someone decided to share it with the employee's boss. The boss then fired the employee because of the employee's tweet. Can the employee successfully sue for damages based on the claim that he had a First Amendment right to share his negative opinions about his boss and his place of employment? O Yes, because the employer cannot fire an employee without good cause. O Yes, based on the same reasoning as in the U.S. Supreme Court decision, Mahanoy Area School District v. B.L. (2021). O No. The First Amendment applies only to governmental entities, not to private employers. O Yes, because the employee was not within the scope of employment but was in his own home and deserved a reasonable expectation of privacy. No, because the statement was not in print, such as in a magazine or in a newspaper.
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Transcribed Image Text:An at-will employee at Carlota’s Cucina, a restaurant, posted on his personal Twitter page: "I do not know what's worse, my horrible boss or the horrible wings that we serve at #CarlotasCucina." The employee posted this late at night while at his home. After viewing the tweet, someone decided to share it with the employee’s boss. The boss then fired the employee because of the employee’s tweet. Can the employee successfully sue for damages based on the claim that he had a First Amendment right to share his negative opinions about his boss and his place of employment?
1. Yes, because the employer cannot fire an employee without good cause.
2. Yes, based on the same reasoning as in the U.S. Supreme Court decision, Mahanoy Area School District v. B.L. (2021).
3. No. The First Amendment applies only to governmental entities, not to private employers.
4. Yes, because the employee was not within the scope of employment but was in his own home and deserved a reasonable expectation of privacy.
5. No, because the statement was not in print, such as in a magazine or in a newspaper.
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