Sick Leave

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Employers/Supervisors CANNOT  ask for the reason behind sick leave. Similarly, no generalities can be asked (circuitous questions)  Exception: If it presents an immediate safety concern to the public. IE, exposure to Anthrax.

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   Transport Workers Union of America v. NYC Transit Authority; EEOC v. Dillard's

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First Amendment Protections

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First Amendment Protections apply when speech is conducted outside the scope of duties/ "part of the job." Ex: Speaking to another individual/officer in private not connected to direct or immediate duties is a protected element.

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This is understood to mean conversations caugth on body camera or heard in passing by third party.  As such, gossip and general discourse falls under First Amendment Protections. 

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Garcetti Rule applies where speech is weighed against definition of "what is pursuant to the job."

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   Garcetti v. Ceballos