His statements were made in a staff meeting and in conversation with other supervisory level employees. His speech consisted of direct criticism of Judge Savell's handling of internal matters in which Voigt was directly involved. Moreover, his speech went beyond criticism of Judge Savell to include attempts to undermine the authority of a newly hired employee who would directly supervise Voigt. The form and context of Voigt's speech supports the defendant's concerns, reflected in Voigt's termination letter, that the functioning of the workplace was endangered. Note that the employed didn't have to prove that disruption actually occurred, only that it had a justified good faith belief that disruption would occur.
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