Tracy Barnes served in her role for six months last year in Northampton County, Pennsylvania. Her suit alleged that she was forced to quit after telling her supervisors that new employees were being allowed to work without properly evaluating if they were eligible for employment.
But, U.S. District Judge Edward Smith said Barnes could not claim she was retaliated against for exercising her First Amendment rights because she expressed her concerns as a director of human resources, and not a private citizen. Public employees enjoy freedom of expression guaranteed by the First Amendment only if they speak out as private citizens.