Legal Trickery – Eric A. Parzianello

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Employee’s Facebook Vacation Pictures Lead to Termination

Posted by Eric Parzianello on March 20, 2013

A winter trip to Cancun is the perfect backdrop for Facebook picture posting – unless you happen to be on FMLA leave for “excruciating” back and leg pain.

Lineberry v. DMC

That is the message from a recent federal case out of the Eastern District of Michigan, Lineberry v. Detroit Medical Center.

Carol Lineberry was performing satisfactorily as a registered nurse at the  Detroit Medical Center (“DMC”).   On January 27, 2011, she was moving stretchers at work and woke up the next day with “excruciating pain in her lower back and leg pain.”  The DMC approved leave for Lineberry under the Family and Medical Leave Act (“FMLA”) from January 27, 2011, through April 27, 2011. While on FMLA leave, she took a trip to Mexico.   Her co-workers saw Facebook photos of Lineberry on vacation, including photos of her riding in a motorboat (above) and lying on a bed holding up two bottles of beer in one hand.  Lineberry also posted Facebook pictures of herself holding her grandchildren.  Based on these Facebook postings, Lineberry’s co-workers (and Facebook friends) complained to her supervisors about what they thought was a misuse of FMLA leave.

On her return, she was questioned about her trip during an investigative meeting attended by the DMC’s human resources personnel.  Lineberry claimed that she was wheeled around the airport in a wheelchair.  When reminded that airports have security cameras, she recanted and admitted that the use of a wheelchair was a lie.  The DMC terminated her for violating the DMC’s Progressive Discipline Policy concerning  “Dishonesty, falsifying or omitting information, either verbally, [or] in written format (including electronically) on DMC records including, but not limited to payroll records, human resources records etc.”  Lineberry naturally sued for violation of her FMLA rights.

In February of 2013, the court dismissed her complaint.  It held that employees may be dismissed so long as the dismissal would have occurred regardless of the employee’s taking of FMLA leave.  The court found that she was terminated for dishonesty and not as a retaliation for taking FMLA leave.  The court also found that if an employer, like the DMC’, honestly believes that an employee lied and misused FMLA leave time, it may terminate the employee based on that belief.

Lesson for employers:  have a good employee handbook policy regarding dishonesty.  Lesson for employees:  use better judgment in Facebook posts — and Facebook “friends.”

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