My question involves labor and employment law for the state of: N/A - SCOTUS Question
I have been researching Garrity v. NJ and subsequent cases. There is a Circuit Split regarding whether public employers have an affirmative duty to advise an employee of their rights under Garrity. If the SCOTUS accepted a case and decided that there is an affirmative duty, does that mean all public employees removed from employment without the required advisement get to reappeal their removals in light of the SCOTUS decision (applied retroactively), or does the precedent only apply moving forward?
This is probably more of a question about implementation of SCOTUS decisions, but didn't see a board that fit. Thanks.
I have been researching Garrity v. NJ and subsequent cases. There is a Circuit Split regarding whether public employers have an affirmative duty to advise an employee of their rights under Garrity. If the SCOTUS accepted a case and decided that there is an affirmative duty, does that mean all public employees removed from employment without the required advisement get to reappeal their removals in light of the SCOTUS decision (applied retroactively), or does the precedent only apply moving forward?
This is probably more of a question about implementation of SCOTUS decisions, but didn't see a board that fit. Thanks.
Garrity and Split Circuit
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