This is the third hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws.
The manager of a restaurant in Hartford, Connecticut calls you regarding an outspoken cook who frequently expresses his views on controversial topics. All of the cooks discuss a broad range of topics while working, and these discussions do not interfere with their performance. Nevertheless, the manager has advised the cook that he should be careful about offending others with his views on sensitive topics. The cook responds that this is America, and he has a constitutional right to say whatever he wants. The manager asks you whether this is true. You correctly advise the manager that the First Amendment to the U.S. Constitution does not apply to private employers. Rather, federal constitutional rights only come into play if there is some form of “state action.” The next time the cook expresses