Reason #203 to be Careful What You Post on Facebook

Reason #203 to be Careful What You Post on Facebook

  Thursday, November 15, 2012    Julie Tappendorf

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Need another reason to be careful what you post on Facebook?  Check out a recent decision by the Sixth Circuit Court of Appeals in Jaszczyszyn v. Advantage Health Physician Network.  This case involved an employee who was on intermittent FMLA leave for back pain resulting from a car accident several years earlier.  While out on leave, the employee attended a local festival, where she spent the day socializing (i.e., visiting three beer halls over an eight hour period) with friends.  Co-workers learned of her activities when they saw pictures on the employee's Facebook page and reported her to the employer.  After investigating the claims, and questioning the employee about her activities at the festival, the employer terminated her. She then sued the employer for FMLA interference and retaliation.  The court ruled in favor of the employer, finding that the employer had an "honest belief" the employee was engaging in fraud based on the Facebook pictures and her failure to provide a response to the employer's questions.

Thanks to Jeff Nowak who reported on this case in his blog FMLA Insights.  You can read his post at Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims.