An RN on FMLA leave lawfully was discharged from her position at Detroit Medical Center when her employer discovered she had misrepresented her alleged medical condition in her FMLA leave request, a federal district court has determined. Lineberry v. Detroit Medical Center, et al., Case No. 11-13752 (E.D. Mich., S.D. Feb. 5, 2013). Although the RN claimed she could walk and stand only for limited periods and, thus, required FMLA leave, her coworkers discovered Facebook photos that told a different story. The RN’s Facebook posts, which were discovered by her coworkers and reported up the chain, included photos of the RN’s Mexico vacation, photos of the RN standing and holding her infant grandchildren, one in each arm, and other photos and postings that suggested she had misrepresented her need for leave. Although the trip was pre-approved by her supervisor, the RN initially told her supervisor she used wheelchairs in all airports. When she was reminded by the employer that airports have cameras, she admitted she had lied and further admitted she never used a wheelchair during her trip. She was terminated.

The RN filed suit alleging the Medical Center violated her FMLA rights by denying her right to reinstatement and retaliating against her for having taken FMLA leave. In granting the Medical Center’s motion for summary judgment, the District Court explained that the undisputed evidence supported the fact that she had been terminated for dishonesty, not for taking FMLA leave.

Although employers should exercise caution when terminating an employee during FMLA leave, Lineberry is an example of an employer lawfully discharging an employee based on undisputed evidence the employee has been dishonest as to the basis for her need for leave.

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Photo of Ana C. Shields Ana C. Shields

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American…

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies.

Ms. Shields has successfully prepared pleadings, motions, memoranda of law, position statements and legal opinions related to employment law issues such as employment discrimination, harassment, retaliation, whistle-blowing claims and restrictive covenants. Ms. Shields has advised clients on compliance with various state and federal laws affecting the workplace, including Title VII, the Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, she is a firm resource for Electronic Discovery. She has worked closely with clients through all phases of litigation including investigations, preparations for depositions, attending depositions and trials.

While attending law school, Ms. Shields was a published member of the New York International Law Review. She was the recipient of the 2003 American Bar Association/Bureau of National Affairs Award for Excellence in Labor and Employment Law. She was also awarded the CALI Award for Excellence in Employment Law, Advanced Labor Law, and Jurisprudence.

Prior to joining the firm, Ms. Shields was a commercial litigation associate at a firm in Long Island, New York.