An Allegheny County, Pennsylvania, 911 dispatcher, Natalie Vallecorsa, posted what she thought was a private post on her Facebook account. She was fired after a screenshot of her post was shared on the 911 dispatch center’s Facebook page, and it quickly became public. The post concerned a young black man shot and killed in East Pittsburgh and the ensuing protests. Vallecorsa engaged in a Facebook conversation, criticizing the protesters and the victim of the shooting.
The impact of her post was immediate. Citizens called the center. Residents posted on the center’s Facebook page questioning if they would have access to emergency services because of their race. The outcry was intense enough that coworkers, who needed to be available to respond to 911 calls, feared for their safety.
The county quickly discharged Vallecorsa. The reasons given for the discharge were making racist comments, violating department policies, causing a disturbance at the 911 center, and creating distrust for all in the department.
Because the post was not work-related and not made during worktime, Vallecorsa must have believed that her speech – clearly a matter of public concern because it was about a public event – was protected. She sued the county in Vallecorsa v. County of Allegheny in November 2019. On November 15, 2022, the court ruled against her and found that her discharge was not a violation of her freedom of speech rights under the Constitution.
Even though she spoke about this event as a private citizen, the county’s duty to efficiently provide emergency services outweighed her interest in free speech on a matter of public concern. Her behavior sparked chaos at a dispatch center, which thrives on order and calm to help the public.
This is an interesting case because, typically, speech on a matter of public concern made after hours would be protected, especially when the employee making the remarks did so privately – or so she thought. Nevertheless, when weighing the unintended consequences that flowed from Vallecorsa’s actions and balancing her interests against the employer’s, they tipped toward the employer being able to effectively provide vital 911 services to those in the county.
If you are a government employer and have a question about freedom of speech in your workplace and how to weigh employees’ interests against the organization’s, Employers Council can help. Please email our Member Experience Team.
#GovernmentAgency#Discharge