Dunn quoted on KXAS NBC DFW – Legal Expert: On Kneeling Issue, Law on Jerry Jones’ Side, Players Have No Free Speech Protections in Workplace

By: Tim Ciesco
Published at 8:14 PM CDT on Oct 15, 2017
KXAS NBC DFW 5 – Blue Star

The firestorm continues over Jerry Jones’ remarks that he would bench any player who does not stand during the National Anthem.

Some have praised his stance while others have slammed it as misguided, accusing the Cowboys owner of trampling on his players First Amendment rights.

But legal experts say on this particular matter, the law is on Jones’ side.

“This surprises a lot of people,” said Rogge Dunn, a founding partner of Rogge Dunn Group in Dallas, which specializes in employment and labor law. “But you don’t have free speech rights in your place of private employment.”

Dunn says in a court of law, free speech is only protected when dealing with the government or a public agency. Within a private workplace, employers have the legal right to set standards for their employees, and discipline those who do not abide by them.

“If you have players kneeling, that presents an image that Mr. Jones may or may not want,” said Dunn. “Some of the other [NFL] owners may say that’s an image I do want, and I’m glad that you’re kneeling. But certainly the law allows a business owner to set the tone for how they want their employees to appear in the workplace and in the public.”

Dunn says employees do have a legal protections when it comes to job terms and conditions, which include things like pay and working environment.

But because players across the NFL are kneeling as a form of political protest, he believes it falls outside that scope, which is why he thinks any legal action against Jones, including a recent complaint filed with the National Labor Relations Board, will ultimately fail.

“That’s political speech, not workplace speech,” said Dunn. “What would be interesting is if someone said I’m kneeling in solidarity with Colin Kaepernick, or I’m kneeling because Colin Kaepernick doesn’t have a job and he’s a former employee, then that connects the dots to make it a work related issue. I still think that would be a stretch, but that’s a possibility.”

So far, none of the Cowboys players have taken a knee during the National Anthem.

See the Article in its entirety

KXAS NBC DFW 5 – Blue Star site

MEDIA

The Real Estate Investor Guide to Finder’s Fees – Insight from a Real Estate Lawyer
READ MORE
COVID-19 Continues to Create Employment Issues
READ MORE
Rogge Dunn Interviewed by AdvisorHub on Multi-Million Comp Award to Former Credit Suisse Brokers
READ MORE
How a FINRA Compliance Lawyer Can Help
READ MORE
CoStar News Interviews Rogge Dunn on Pandemic-Related Layoffs
READ MORE
Rogge Dunn Group Represents Ex-CFO Allegedly Fired for Whistleblowing
READ MORE
Rogge Dunn Interviewed on WFAA Regarding COVID-19 in the Workplace
READ MORE
Aug. 20, 2020: Rogge Dunn to Speak in Live CLE Webcast on How To Manage and Resolve Complex Commercial Disputes
READ MORE
Big Changes for Title IX: New Title IX Requirements
READ MORE
Fired for Following the Law? Wrongful Termination Cases During COVID-19
READ MORE
COVID-19 Employment Rights: Dallas Business Journal Q&A with Rogge Dunn
READ MORE
Blue Angels Fly By Our Office Patio
READ MORE
Recent Developments in Non-Compete Laws
READ MORE
Rogge Dunn Interviewed on KHOU 11 Regarding the Requirements for Unemployment Benefits
READ MORE
Rogge Dunn Addresses Workers’ Concerns on KPRC 2 News
READ MORE
Star Local Media Interviews Rogge Dunn on Client’s Coronavirus-Related Wrongful Termination Lawsuit
READ MORE

Contact Us Today!

Contact us to learn how we can help answer your legal questions.

FILL OUT FORM