ABA Family Legal Guide

Law and the Workplace

Introduction to Law and the Workplace

Does it matter if a person works for the federal or a state government, instead of a private employer?

Yes, it makes a big difference. Generally, labor contracts and federal and state laws regulate the relationship between private employees and employers, such as a retail business or a manufacturer. The government, however, is a public employer and is subject not only to any labor contracts and the laws but also to the restrictions imposed by federal and state constitutions. For example, the First Amendment restricts government interference with free speech and prohibits the government from disciplining one of its workers who speaks out on issues of public concern. The First Amendment, however, generally does not apply to a private employer and thus does not prohibit a private employer from firing such an employee. In addition, most governmental employment is also regulated by civil service rules.