plaintiff must show that: (1) the plaintiff suffered an adverse employment decision and (2) the protected speech was a “substantial motivating factor” in the employer’s adverse employment decision. Couch v. Bd. of Tr. of the Mem’l Hosp. of Carbon County, 587 F.3d 1223, 1236 (10th Cir.2009); see also Deschenie v. Bd. of Educ. of Cent. Consol. Sch. Dist. No. 22, 473 F.3d 1271, 1277 (10th Cir.2007) (quoting Maestas v. Segura, 416 F.3d 1182, 1188 (10th Cir.2005)). Under the first part of this test, an “adverse employment action” is an action that would deter a reasonable person from exercising his First Amendment rights. Couch, 587 F.3d at 1238. Such actions include termination and failure to promote the plaintiff employee. Schuler v. City of Boulder, 189 F.3d 1304, 1309 (10th Cir. 1999) (<HOLDING>); see also Paloni v. City of Albuquerque Police
recognizing retaliation involving promotion as adverse employment actions under the first amendment holding in the context of a first amendment retaliation claim that adverse employment actions may include negative evaluation letters recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually recognizing that employment actions can be adverse even if such actions are subsequently withdrawn recognizing first amendment retaliation right