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    Woman who flipped off Donald Trump's motorcade and lost her job files lawsuit.

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    Juli Briskman complaint

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    Woman who flipped off Donald Trump's motorcade and lost her job files lawsuit.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    7K views21 pages

    Juli Briskman Complaint

    Uploaded by

    Law&Crime
    Woman who flipped off Donald Trump's motorcade and lost her job files lawsuit.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 21
    VIRGINIA: IN THE CIRCUIT COURT FOR FAIRFAX COUNTY JULI BRISKMAN : 47393 River Crest Street Sterling, Virginia 20165 Plaintif caseno. 2ZIS- 5 BBS AKIMA, LLC 13873 Park Center Road, Suite 400N Herndon, VA 20171 Serve: CT Corporation System 4701 Cox Road, Suite 285 Glen Allen, VA 23060 Defendant, COMPLAINT Introduction 1. Violations of the right to free speech, observed the Virginia General Assembly in 1798, “ought to produce universal alarm” because “free communication among the people” regarding “public characters and measures” is “justly deemed” the “only effectual guardian of every other right.” 4 Jonathan Elliot, Debates on the Federal Constitution 529 (2d ed. 1836). 2. Virginia has a long-standing commitment to standing up to would-be tyrants and speaking truth to power: the 1776 Virginia Declaration of Rights contained the first constitutional guarantee of the freedom of the press anywhere in the world, and James Madison authored the First Amendment to the United States Constitution. That protection continues to this day in Article I, Section 12 of the Virginia Constitution, which still proclaims that the “freedoms of speech and of the press are among the great bulwarks of liberty.” 3. This case is about whether that right will remain viable for all Virginians in the ‘twenty-first century. Government censorship no longer needs to rely on the heavy hand of the censor. Instead, around the world, autocrats are increasingly relying on private companies that have interests in government contracts and benefits to silence their employees for them. ‘Companies in autocratic countries know that their ability to continue to do business with the government depends on not being seen as opposing the government, and so they fire employees that publically speak out against the government. And that process—the “autocratic capture” of the private sector—threatens the free-speech rights and financial security of those who speak out and silences activists by forcing them to choose between their livelihood and their political speech and activism. 4, The First Amendment prohibits government officials from using the “threatened imposition of goverment power or sanction” to shut down the expression of ideas and opinions. Backpage.com, LLC, v. Dart, 807 F.3d 229, 230 (7th Cir. 2015); see also Okwedy v. Molinari, 333 F.3d 339, 344 (2d Cir. 2003) (per curiam). Moreover, it would be unconstitutional for the federal government—or the Commonwealth'’s—to condition government contracts on a contractor's or its employees’ support or opposition to any politician's agenda. See Elrod v. Burns, 427 U.S. 347, 359 (1976) (plurality), 5. This case presents this Court with an example of autocratic capture in the United States. Plaintiff chose in her private time and in her capacity as a private citizen to express her disapproval of President Trump by extending her middle finger. Although many will disagree with Plaintiff's message and her means of expressing it, there can be no doubt that such speech is at the very core of the First Amendment and the Virginia Constitution. See, e.g-, Cohen v. California, 403 US. 15 (1971); New York Times v, Sullivan, 376 U.S. 254 (1964); see also Elliot v. Commonwealth, 593 S.E.2d 263, 269 (Va. 2004) (Article I, Section 12 of the Virginia Constitution is coextensive with the First Amendment to the United States Constitution). 6. Even though Plaintiff's speech was protected political speech and any potential retaliation by the government against Defendant would be unlawful, Defendant forced Plaintiff to resign because it feared governmental retaliation. 7. Defendant's pretextual justification for its actions, a claimed violation of its ns it took against another employee social-media policy for obscenity, was inconsistent with iscuss political ideologies and beliefs online but was who used far more obscene language to not opposed to the present administration. 8. Plaintiff's expression of disapproval of the President is core political speech. protected by both the United States Constitution and the Virginia Constitution, and it would have been unlawful for any government to retaliate against Defendant for Plaintiff's conduct. Defendant’s decision to force the Plaintiff to resign out of fear of unconstitutional retaliation violated Virginia public policy because it risks exactly the harm that the United States Constitution and the Virginia Constitution seek to avoid: the silencing of Virginians out of fear ofa government official’s unlawful wrath, Parties 9. Atall times relevant herein, Plaintiff is a natural person and resident of the Commonwealth of Virgi 10. _Atall times herein, Defendant is an Alaska Limited Liability Company, foreign registered to do business in Fairfax County, Virginia, Jurisdiction and Venue 11. This Court has personal jurisdiction over Defendant pursuant to Virginia Code § 8.01-328.1 (1950), as amended, where Defendant transacted business in the Commonwealth of Virginia. 12. This Court has subject matter jurisdiction over this matter pursuant to Virginia Code § 17.1-513 (1950), as amended, as the recovery of fees sought is greater than $100.00 and no other court may assert jurisdiction. 13, Venue is appropriate in this Court as Defendant is registered to do business in Fairfax County. Factual Background 14, Plaintiff was employed by Defendant starting on or about April, 2017 until she was forced to resign on October 31, 2017. 15. During her employment, Plaintiff served as a Marketing Analyst. Plaintiff's responsibilities included internal marketing, internal communications, ‘external marketing, and ‘maintaining Defendant's social media platforms. 16. Defendant operates as a shared services organization for its subsidiaries that obtain government contracts, by providing its subsidiaries with human resources, benefits management, payroll, marketing and communications, and other administrative services. 17. Onor about Saturday, October 28, 2017, Plaintiff, on her personal time while she was not at work, went on a bike ride on Lowes Island Boulevard in Sterling, Virginia. 18, While Plaintiff was riding her bike, she was passed by the presidential motorcade leaving the Trump Country Club located in Sterling, Virginia, 19. While the motorcade passed, Plaintiff extended her middle finger as an expression ipproval of the President. 20, Unbeknownst to Plaintiff, a member ofthe presidential press comps in a vehicle driving behind her bicycle captured the moment and photographed her. The photograph does not show Plaintif's face or any other identifying characteristics of Plaintiff, nor does it identify Plaintiff. The photograph of Plaintiff taken on October 28, 2017 is attached hereto as Exhibit 1, 21. Within hours of her bike ride, the photograph of Plaintiff was published and tweeted out by Voice of America reporter Steve Herman, 22. Plaintiff initially did not identify herself as the individual in the photograph. She ultimately decided to do so on Sunday, October 29, 2017. 23. At that time, Plaintiff updated her personal Facebook page and Twitter page with the photograph of herself, making the photograph her cover photo, or the background of her Profiles, on these two social media networks with this image. She specifically did not update her LinkedIn profile, which mentioned her association with Akima. 24. Plaintiff subsequently began to receive media requests, but declined to be interviewed. 25. On Monday, October 30, 2017, upon returning to work, Plaintiff approached Jessica Hoke in Human Resources about the photograph. 26. On Monday evening, the photograph was a topic on the Tonight Show with Jimmy Fallon, Plaintiff sent Mr. Frazier, her direct supervisor, the clip of the segment following its airing. 27. The following day, on Tuesday, October 31, 2017, Plaintiff was asked to stay after an afternoon meeting. Ms. Hoke and Vice President of Defendant, Joe Boeckx, entered the room, and along with Mr. Frazier, notified Plaintiff she was being terminated from her employment. 28. Plaintiff was notified that she was being terminated forthe following reasons: (1) that the photograph could link her to Defendant and Defendant, as a government contractor, {eared retaliation by the President or his administration; and (2) thatthe photograph amounted fo obscene content on her Facebook page. 29, Mr. Boeck indicated that this was a “social media tattoo” that jeopardized the ‘Akima brand and its ability to do social media marketing, and that Plaintiff's termination was @ form of corporate protection. He repeatedly stressed during the meeting in which he terminated her that even a cursory search of Plaintiff's Twitter or Facebook feed would link the photograph to Defendant, Finally, Mr. Boeckx also stated that the U.S. Government is the company’s customer, and that there could be no separation of her actions and its potential effect. 30. During the October 31, 2017 meeting, Plaintiff was promised four weeks of severance, She was also asked to resign, instead of having her file indicate that she was terminated. She was promised that if she resigned, Defendant would not object to her request for future unemployment compensation. 31, Plaintiff was asked to submit her resignation in writing to Ms. Hoke immediately in order for such terms to take effect, which she did in Ms. Hoke’s presence. 32. Plaintiff was not asked to sign any other documents or paperwork during the October 31, 2017 meeting or at any time subsequently thereafter. 33, Following her forced resignation, Plaintiff was escorted to her desk by Ms. Hoke to retrieve her personal belongings before being escorted out of the secure portion of the building. 34, Plaintiff was notified that she was being forced to resign for violating Defendant's social media policy. A copy of Defendant's social media policy is attached hereto at Exhibit 2. 35, __Defendant’s social media policy defines “Covered Social Media Activity” as “social media activity that ... otherwise impacts the Company's business interests, or that of its ” Exhibit 2, parent, subsidiary, affiliated companies, contractors, customers, or competitors... paragraph 3.2. 36. ‘The policy goes on to provide that: “Covered Social Media Activity that contains discriminatory, obscene, malicious or threatening content, is knowingly false, creates a hostile ‘work environment, or similar inappropriate or unlawful conduct will not be tolerated and will be subject to discipline up to and including termination of employment.” Exhibit 2, paragraph 4.3. 37. Prior to Plaintiff's forced resignation, neither Plaintiff's personal Facebook page nor Twitter account indicated that she was employed by Defendant, or in any way associated with Defendant. Only her LinkedIn account identified herself as an employee of Defendant. 38. The photograph taken of Plaintiff neither identified Defendant by name, nor did it indicate any affiliation of Plaintiff as an employee of Defendant. 39. Prior to Plaintiff's forced resignation, and as part of her duties in overseeing Defendant's social media pages, she had been notified that the Senior Director of Operations had posted on his personal Facebook page “You're a fucking Libtard asshole” in response to political speech. A copy of the offensive speech is attached hereto as Exhibit 3. The employee's Facebook page identified him as a long-term employee of Defendant. 40, Plaintiff notified her superiors of this Employee's conduct and published actions. However, under information and belief, this Employee was not terminated for his obscene speech. 41, Plaintiff ultimately only received two weeks of severance, not the four weeks that ‘was promised, Count I: Wrongful Termination 42. Plaintiff incorporates paragraphs 1 through 41 as if fully set forth herein. 43, Plaintiff exercised her right to freely speak and publish her sentiments regarding, President Trump and his administration while on a bike ride during her personal time. 44, Her Facebook and Twitter accounts, at the time of her forced resignation, did not identify her in any way as an employee of the Defendant. 45. Defendant forced Plaintiff to resign for the stated reason that the photograph of her would have an adverse effect on its ability to obtain government contracts. 46. Forcing Plaintiff to resign out of fear of unlawful retaliation by the government for constitutionally protected speech violates Virginia public policy. Both the United States Constitution and the Virginia Constitution express strong public policies that Virginians may speak on topics of public interest without fear of suffering the effects of governmental retaliation for political speech. WHEREFORE, Plaintiff prays that the Court declare her forced resignation to be unlawful as contrary to Virginia public policy as expressed in the United States Constitution, the Virginia Constitution, and other laws and policies of the State of Virginia and grant her compensatory damages in an amount to be determined at a trial for damages to Plaintiff that are continuing to accrue and to be determined as of the date of judgment; attorney's fees and costs, and for other such relief as this Court deems proper. Count IT: Breach of Contract 47. Plaintiff incorporates paragraphs 1 through 46 as if fully set forth hereit 48. Defendant offered Plaintiff four weeks of severance payments as part of the terms of her forced resignation. 49, Plaintiff was told that if she accepted the offer, she could also indicate that she resigned from her position, as opposed to being terminated from her position, with Defendant. ‘Additionally, Defendant assured Plaintiff that if she indicated she had resigned, Defendant would not dispute her request for subsequent unemployment compensation. 50. Plaintiff accepted the terms of Defendant's offer and submitted her resignation. 51. Plaintiff ultimately only received two (2) weeks of severance, and not the four (4) weeks that had been offered. WHEREFORE, Plaintiff requests that she receive $2,692.30 for unpaid severance, attorney's fees, and prejudgment interest at the statutory rate. Respectfully submitted, JULI BRISKMAN Simon, VSB #88551 Rebeca Geller, VSB #74911 ie Forbes Neff, VSB #47222 Lauren Jancuska, VSB #92313 The Geller Law Group, PLLC 4000 Legato Rd., Suite 1100 Fairfax, VA 22033 Telephone: (703) 652-4365 Fax: (703) 259-8584 msimon@thegellerlawgroup.com ‘Anne Harden Tindal (pro hac vice application forthcoming) Anne.Tindall@protectdemocracy.org, Cameron O. Kistler (pro hac vice application forthcoming) Cameron Kistler@protectdemocracy.org ‘The Protect Democracy Project 2020 Pennsylvania Ave. NW, #163 ‘Washington, DC 20006 (202) 856-9191 10 EXHIBIT 1 EXHIBIT 2 115 - Social Media Doc. Type: _| Policy ‘Approval 1. APPLICABILITY 1.1. This policy applies to all employees of Akima, LLC, including affiliates, subsidiaries, and successor companies; hereafter referred to as “Akima, LLC’, “Company” or “Akima, LLC ‘Companies, who engage in ‘Covered Social Media Activity (as defined below). The term “Company” shall refer to an employee's employer, as more fully described below in section 3.3. 4.2. This policy applies regardless of whether the activity ocous inthe workplace or during worktime, and regardless of whether such activity involves the Company's electronic equipment or other property including desktop computers, laptops, cel/smart phones, tablets, personal digital assistants, or other device used to access the intemet). 4.3. This policy isnot inlended to and does not apply to employees’ off-duty personal and private social media activity that isnot otherwise “Covered Social Media Activity.” 4.4. The Company fully respects the rights ofits employees, including the rights under the National Labor Relations Act (NLRA) to engage in protected concerted activities regarding wages, hours ‘and other terms and conditions of employment. Nothing inthis policy is intended to interfere with the abiity of employees to engage in protected concerted activites. No adverse employment action will b taken against any employee because he or she engaged in protected concerted activity under the NLRA, and this policy will b interpreted and applied in that context. 2, PURPOSE 2.4. In the rapidly expanding world of electronic communication, social media platforms continue to ‘evolve, Our Company understands that social media can be @ powerful way to communicate and we also believe in the importance of an open exchange of ideas. However, the use of social media also presents certain risks and carries with it certain responsibilities. To assist employees, in making informed and responsible decisions, we have established this policy and guidance. 3. DEFINITIONS 3.1. Social media activity includes posting or linking information or comments on: (1) social-networking or afiity sites (such es Facebook or Linkedin}; (2) blogs and micro-blogs (such as Twitter); (3) contont-sharing sites (such as Scribd); (4) image-sharing site (such as Flickr, Instagram, or You ‘Tube); (5) wik’s, and (6) forums or chat rooms. AAs social media platforms continue to evolve over time, the definition of social media activity will continue to expand. 3.2. Covered Social Media Activity means social media activity that refers to, or otherwise impacts the ‘Company's business inerests o that of its parent, subsidiary, affiliated companies, contractors, ‘customers, or competitors, or that impacts an employee's ability to perform his or her job. — 3.3. Akima, LLC's subsidiary operating companies ulize certain Akima, LLC administrative shared services pursuant to the Small Business Administration (‘SBA’) rules. For operating company ‘employees, the terms “Akime, LLC" or the “Company/ are used for administrative convenience onl and refer to the employee's operating company employer. Nothing in tis policy isitonded to and does not create an employment relationship between Akima, LLC and operating company employees. 4. POLICY ‘4.4. To ensure that “Covered Social Media Activity is. and employees shoud careuly review his poly, tho Employee Handbook (patoulary Section 7 on Business Ethics, Secon 8 onthe Use of Company Resources, and Secon 10 on Employeo Sandards of Conduc), andthe Code of Conduct. The same principles and guidlines foundin these Company policies and core values apply to employee activites onine. 4.2. Ultimately, employees are ‘responsible for their social media activities, Before creating, forwarding, or commenting on online content, employees should consider the isks and rewards that are involved; keeping in mind that conduct that adversely affects an ‘employee's job perfomance, the werk performance of ther employees, vals the Companys poiies ors ‘unlawful, may result In disciplinary action up to and including termination of employment. ‘consistent with Company's policies, managers Respect Copyright, Trademark, and Fair Use Laws. See Section 4.5. of Policy 501, 44. Protect Trade Secret, Govemment Classified, and other Confidential and Proprietary Information. Employees must nol disclose or use the Company's its customers’ or its competitors’ trade secrets, government classified, or other confidential or proprietary information on any social media platform, This includes non-public information regarding systems, processes, products, know-how, technology, research and development, business plans and strategy, proposal and ‘contract pricing, financial data, confidential personal information contained in personnel files, and ‘other non-public information obtained by an employee in the course of performing their ob due to the nature of their position. 48. When the Company wishes to communicate publi, ithas well established means to do so, Only these ofcilly designated by the President & CEO are authorized to speak on behalf ofthe ‘Company. Compeny employees designated to communicate using social media 2s part of their jb duties are required to follow the Company’s Corporale Marketing and Communications procedures when communicating on behatf ofthe Company. 45. 33. Ain LLC's subsidiary operating companies utlize certain Akima, LLC administrative shared ervices pursuant to the Small Business Administration (‘SBA’) rules. For operating company employees, the terms “Akima, LLC" or the “Company” are used for administrative ‘comenene only and refer to the employee's operating company employer. Nothing inthis policy is intended 'o and does not create an employment relationship between Akima, LLC. —— ip 1a, LLC and operating company 4, POLICY 4.4, To ensure that “Covered Social Media Actiy” is consistent with Companys polices, managers and employees should carefully review this policy, the Employee Handbook (particularly Section 7 on Business Ethics, Section 8 on the Use of Company Resources, and Section 10 on Employes Standards of Conduci), and the Code of Conduct. The same principles and guidelines found in these Company polices and core values apply to employee activities ontine. 4.2. Ukimately, employees are responsible for their social media activites. Before creating, forwarding, or commenting on online content, employees should consider the risks and rewards that are involved; Keeping in mind that conduct that adversely affects an employee's job performance, the work performance of other employees, voates the Companys policies ois ‘unlawful, may result in disciplinary action up to and incuding termination of employment. ‘epienisktoulon{elsencrelesthostiaworcensionmentersiniaradappropnaison ‘planiuheonductvikpotbeloleraletandwi,bossbjontisspineptaandindiogae 44, Respect Copyright, Tradomark, and Fair Use Laws. See Section 4.5. of Policy 604. ‘45. ProletTrade Secrot, Government Cassfed, and othr Confdenal and ropa (nforaton. Employees must not isclse or use the Compan, is estomars’ ors competion vege comets, goverment classified, or tet eondental or propia ifomation on ay soca vredia pltonm, This indludes non-public ifomatin regarding sysams, processes, roauls know-how, technology, research and development, ‘business plans and strategy, proposal and contract pricing, financial data, ‘confidential personal information contained in personnel files, and Sher non-public infomation oblaind by an employee intro course performing their job due to the nature of thelr positon. wishes to communicate pubic, it has wall estbished means io 20 a Wesel dosgrtd by the President & CEO are authorized to speak on coer ‘Company. Company employees designated to communicate used sai mada sat a dts ere rue follow he Companys Corre Mateig and muri procedures when communicating ‘on behaif of the Company. 47. 48. 49. 5A. 52. 53. ‘Allinguites from the media (reporters, editors, producers, bloggers, or other communications Personnel) seeking an official Company statement or information must be referred to the Corporate Communications or Marketing Departments, Employees who work ata commercial or government customers site are required to comply with the customers policies and procedures regarding social media during work ime and when Utilizing the customer's electronic equipment andior computer networks, Employees should refrain from using social media during work time or on the Company/s equipment unless itis work-related. Employees are prohibited from using a Company or ‘Customer-issued email address to register or og onto social media sites for personal use. RESPONSIBILITIES Only the President & CEO, Chief Human Resources Officer, the Vice President of Corporate Development, or Operating Company President / or General Manager can authorize exceptions to this policy on an individual basis. The Vice President of Corporate Development wil interpret ‘or provide clarification on issues relating to this policy, as necessary. Managers are responsible for ensuring their employees are familiar with the contents of this policy and its guidelines when performing their job duties. Employees are ullmately responsible for their social media actives and for ensuring that all applicable laws, policies, and guidelines are followed; and for referring to the Corporate Marketing and Communications Department any media, government agency, or other third party inquiries seeking an official Company response. . PROCEDURES 64. To assist employees in making informed and responsible decisions, we have established these ‘uidelines for engaging in Covered Social Media Activity. Professionalism: + Social media activity often blurs many ofthe tradional boundaries betwoen intemal / extemal and public/private communications. Employees should be thoughtful about what they post online. © (umplaveesare,exnecled,te,conductthemselvesiinalprofessionakmannerand’stivetomy belainandscourteoustorellomemplayassyctstomelsyeonipeitorsnantuietgeneral# eaublona ‘© Spirited and passionate discussions and debates are common, but employees should be respectful of others and their opinions. One can disagree without personally attacking those with opposing views. ‘© Employees should keep in mind that they have the choice to resolve work-related disagreements by speaking directly with co-workers, their manager or by taking EXHIBIT 3 OO i cen nem, uc Se achipeaA NaF TSG STATS AAAS AL A ASSSSSS . > ta a eo Exhibit 3: Robert Moore offending post 8-2017.p.1.png Notifications GotoNew hor -> BEY Raul Gomez J. oct 23 4 ne, eal 2 : = slay Newsome oct ‘The postion tit is open, Terese Wis. wou (iio tactooicor pon bssRBAMRPRGF Sete ada pe RPI GAD. FA Oa ROD ae TSH L ~ Insights = Mbox © tees re pas View Profie Publishing Tools Moe aa 05H at dow No pubic nfrmation avabable Labels 184 8 Marage ‘Aooty ase. ‘abel el rack anc find ‘conrersatons. Only adn can see ie Your Notes ‘Aes Nows Notes ita you ken track of your conversation, Only admins can cae “a Ea POrahd Q rrersnin Gon. GQ) wrneniome + Q rmcen BB werasettm sn pale GF wrermterme. « Bowe i oxen toree Smee — COVER SHEET FOR FILING CIVIL ACTIONS COMMONWEALTH OF VIRGINIA GENERAL CIVIL cwette,.. 2015-5335 (CLERK'S OFFICE USE ONLY) : Gireuit Court ‘Akima, LLC ADMINISTRATIVE LAW PROBATEAWILLS AND TRUSTS ‘Subsequent Actions U) ArpeaVdudicia Review ofDecisionot —'L )Accouning J Claim impleading Third Party Defendant (elect one) { ] Aid and Gvidance ) Monetary Damages 1] ABC Boars U1 Appointment celest one) L1.No Monetary Damages {| Board of Zoning 1} Guardian Conservator €) Counerciim 1] Compensation Boars { } Standby Guardian Conservator [Monetary Damages {| DMV License Suspension (1 CastodinySuecesior Custodian (UTMA) 1 bd NeMontay Biase { Bnolye Grieve Den 1 Thus (elect one) Gross Chim 1] Employment Commision {] Inpess/DeclaretCreate {] Inerpleader { ] Local Government [Reformation {Reinstatement (ther thn dvoreor {] Marine Resources Commision U1 WillGetestone)

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