An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer’s asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, a
Firings for Facebook Comments Unlawful, NLRB Rules
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Posted in Labor
This article on our Workplace Resource Center about discharging employees for participating in a discussion on Facebook may be of particular interest to healthcare employers grappling with employee misuse of social media.
Employer Could Discharge Nurse for Facebook Tirade, Court Finds
By Jackson Lewis P.C. on
Posted in Labor
A nurse who posted an angry Facebook tirade could not prevail on claims that her employer, a hospital, fired her in breach of a collective bargaining agreement or violated her free speech rights under the California Constitution, a federal district court ruled. Guevarra v. Seton Med. Ctr., No. 4:13-cv-02267 (N.D. Cal. Dec. 2, 2013).…
NLRB’s Division of Advice Finds Employee’s Facebook Comments Unprotected
By Jackson Lewis P.C. on
Posted in Labor
The NLRB’s Division of Advice found in Tasker Healthcare Grp. d/b/a Skinsmart Dermatology (4-CA-94222, 5/8/2013) that an employer did not violate the NLRA when it discharged the charging party for critical or derogatory comments made about her employer and supervisors during a Facebook conversation with other employees. According to the NLRB memorandum, the charging party’s…
Facebook Photos Reveal Employee Dishonesty, Termination of RN on FMLA Leave by Medical Center Proper
By Ana C. Shields on
Posted in Discrimination Claim Risk Avoidance, Privacy
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…
Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again
For an interesting reminder about the potential pitfalls of investigating employees through social media, please click here to go to the Jackson Lewis Workplace Pirvacy Blog to read about Ehling v. Monmouth-Ocean Hospital Service Corp.