What is the test for determining whether an employer impermissibly retaliated against an employee for engaging in protected speech?

We follow a sequential five-step inquiry to determine whether an employer impermissibly retaliated against an employee for engaging in protected speech. Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009). "First, the plaintiff

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bears the burden of showing: (1) whether the plaintiff spoke on a matter of public concern; (2) whether the plaintiff spoke as a private citizen or public employee; and (3) whether the plaintiff's protected speech was a substantial or motivating factor in the adverse employment action." Robinson v. York, 566 F.3d 817, 822 (9th Cir. 2009) (internal quotation marks and citation omitted). "Next, if the plaintiff has satisfied the first three steps, the burden shifts to the government to show: (4) whether the state had an adequate justification for treating the employee differently from other members of the general public; and (5) whether the state would have taken the adverse employment action even absent the protected speech." Id.