concurring in part and dissenting in part.
While I concur with the remand of this case to the trial court, I disagree with the majority’s conclusion that “there was direct and circumstantial evidence which showed that both Hudgins and Worrell were aware of Lubcke’s First Amendment activities.” Ante at 462, 860 P.2d at 665.
To establish a prima facie case that the respondent was wrongfully discharged because she exercised her First Amendment rights, she must show that her conduct in exercising her First Amendment rights was known to the defendants, and that it was a “substantial” or “motivating” factor in appellant’s decision to fire her. Mt. Healthy City School Dist. v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977). The only evidence of an exercise of First Amendment rights was Lubcke’s letter to the editor of The Idaho Statesman, and a meeting which Lubcke had with the mayor and the county commissioners regarding tenant complaints. However, as appellants vehemently argued, both in their brief and at oral argument, the record contains absolutely no evidence that either Worrell or the Board of Directors of the Housing Authority were ever aware of these actions. At the time that Lubcke wrote to The Idaho Statesman, and met with the mayor and county commissioners, the defendant Worrell was not even employed by the *469Housing Authority — she was working in California.
The evidence cited by the majority to support Lubcke’s claim are Exhibits 2Q and 2P, which were Worrell’s notes of interviews with Lubcke. The majority states that in these exhibits “Worrell wrote that Lubcke told her that a co-worker was trying to discredit Lubcke because of ‘the Owen Krahn hassle.’ ” Worrell wrote in Exhibit 2Q, dated September 18, 1986, that Lubcke feared Worrell disliked her “due to the ‘Owen Krahn’ situation.” While those exhibits indicate that Lubcke told Worrell about the “Owen Krahn hassle” or the “Owen Krahn situation,” and that Worrell knew about a problem between Krahn and Lubcke, those exhibits are totally devoid of any statement by Lubcke, or any reference to knowledge on the part of Worrell or the Board about any letter to the editor of The Idaho Statesman, or any meeting with the mayor and county commissioners. All the record establishes is that there was a dispute between Lubcke and Owen Krahn, Lubcke’s superior, and that Lubcke said something to Worrell about it. However, Lubcke’s “hassle” with Owen Krahn is not the basis for Lubcke’s First Amendment claim, nor could it be. Her First Amendment claim has to be based upon the fact that Worrell and the Board knew about her letter to The Idaho Statesman, and her meetings with the mayor and the governor, and that that letter and those meetings were “substantial” or “motivating” factors in the Board’s decision to fire her. Lubcke’s telling Worrell that she had a “hassle with Owen Krahn” or that there was an “Owen Krahn situation,” is not evidence that Worrell had any knowledge of Lubcke’s writing to the editor or meeting with the mayor or the county commissioners.
The only other evidence cited by the Court of a First Amendment violation is the statement that “Krahn did hire Wor-rell.” 5 To affirm a jury finding that Lubcke was fired for exercising her First Amendment rights merely because Krahn hired Worrell, or that Worrell worked closely with Hudgins on matters relating to Lubcke’s termination, is to permit a jury to engage in pure speculation. There is no evidence in this record that either Worrell or the Board knew about the exercise by Lubcke of her First Amendment rights.
Furthermore, Lubcke had to introduce evidence that her exercising her First Amendment rights was a “substantial” or “motivating” factor in appellants’ decision to fire her. Again, the record contains no evidence that appellants fired respondent for violation of several HUD violations. The respondent has completely failed to show any knowledge or causation between the exercise of her rights and her subsequent termination. Accordingly, I would vote to reverse the trial court’s failure to grant a directed verdict or judgment notwithstanding the verdict on the first amendment claim.
Since Lubcke’s First Amendment claim is without merit, it necessarily follows that the majority’s conclusion that Lubcke met her burden of proving that appellants breached her contract of employment by terminating her without good cause, is also erroneous. The majority upholds the trial court’s conclusion that because respondent’s discharge was due to her exercise of First Amendment rights, the appellants breached the employment contract. However, there is no evidence in the record that her termination was due to her exercise of *470her First Amendment rights. Accordingly, there is no basis for sustaining the jury’s finding of a breach of the employment contract because of an alleged First Amendment violation.
APPENDIX A.
SHEPARD, Chief Justice, concurring and dissenting.
I concur in that portion of what is evidently a plurality opinion which affirms the action of the trial court, giving plaintiff-appellant Sanchez the option of accepting a reduction in the jury verdict, or in the alternative granting a new trial.
As to that portion of the opinion which awards ‘post-judgment interest,’ I dissent.
The genesis of this prolonged litigation was the accident suffered by plaintiff-appellant Sanchez in November 1982. Action was initiated by Sanchez, resulting in a jury verdict upon which judgment was entered in October 1984 in the amount of 1.85 million dollars. By order dated January 25, 1985, defendant’s motion for a new trial was granted ‘unless a remittitur was accepted,’ reducing the verdict and the judgment entered thereon to the sum of $950,000.00. As is correctly set forth in the opinion of Bist-line, J. quoting the trial court’s ruling, ‘[t]he order dated February 25, 1985 ... which granted a new trial unless a remit-titur was accepted, effectively vacated the judgment and amended judgment previously entered on the jury’s verdict.’
Plaintiff-appellant Sanchez then initiated an interlocutory appeal, asserting error in the trial court’s action in vacating the jury verdict, and in the alternative ordering a reduction or the granting of a new trial. It has not been until today’s opinion that either the parties or the trial judge have known the outcome of that original interlocutory appeal. It should be noted, as correctly pointed out in the opinion of Bistline, J., that at a later time the defendant Galey joined as a cross-appellant, asserting error at trial. However, in the opinion of this Court of October 1986, the actions of the trial court were affirmed as they related to the cross-appeal of Galey.
With all due respect, it is my view that from that point forward the cause entered a Lewis Carroll type of world. Nothing is as it appears to be, and sense becomes nonsense. The majority appears to uphold the order of the trial court reducing the jury verdict to $950,-000.00, or the trial court will order a new trial. More than four years have passed since the entry of that trial court order. There is still no indication in the record before us whether or not plaintiff will accept that remittitur, or whether a new trial will be granted. While the record does not so indicate, the question raised is, of course, academic. As a result of what I perceive to be the intransigence of this Court, ‘post judgment’ interest has now been decreed by this Court which will, within a few dollars, restore to plaintiff Sanchez not only the original jury award of 1.35 million dollars, but add another $200,000.00.
Thus, as best I perceive the result mandated by the opinion of this Court, the non-existent ‘judgment’ of the district court awarding $900,000.00 to the plaintiff is affirmed, together with interest in the amount of approximately $620,-000.00. (See 1981 Idaho Sess.Laws ch. 157; 1987 Idaho Sess.Laws ch. 278.) Upon remand I will await the actions of the parties and the court with more than the usual curiosity.
Will plaintiff withdraw its motion for a new trial? Will defendant now move for a new trial? Will the trial court, on its own motion, grant a new trial? What are the time strictures on any such actions? I suggest that the opinion of this Court has placed itself, the trial court, and the parties in an imbroglio from which none can be extricated.
Sanchez v. Galey, 115 Idaho 1064, 1081-82, 772 P.2d 702, 719-20 (1989).
. The Court's full statement reads:
Moreover, there was circumstantial evidence which showed that Hudgins and Wor-rell knew about Lubcke’s First Amendment activities. Owen Krahn, the fired executive director, was aware of Lubcke’s statements. Further, Krahn threatened to fire Lubcke if Lubcke failed to support him. Although Krahn did not terminate Lubcke before his own termination, Krahn did hire Worrell. After Krahn was terminated and Worrell was made executive director, Krahn met with Hudgins and accused Lubcke of misconduct. There was also evidence that Hudgins and Worrell worked closely together on matters relating to Lubcke’s termination, including the drafting of the two dismissal letters as well as the letter to HUD. The jury could have deduced from this evidence that Krahn wanted Lubcke fired because of her criticism of his administration and then enlisted Hud-gins and Worrell into that plan.