Berning v. State Department of Correction

The plaintiff, the manager of the Tennessee Department of Correction’s Murfreesboro probation office, was fired after an anonymous letter was sent to the department alleging that the office was rife with sexual harassment, creating a hostile work environment. An administrative law judge reviewed the plaintiff’s termination and found it to be warranted. The plaintiff appealed the administrative law judge’s decision to the Davidson County Chancery Court, which affirmed the order. The Court of Appeals of Tennessee affirmed the Chancery Court’s decision, holding in part that the conduct for which he was fired was not protected speech under the First Amendment.



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