Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Thursday, October 25, 2012

Employee Termination Because of Facebook Comment Does Not End Workers' Compensation Benefits

An employee who was terminated because of comments made about her employer on Facebook has been allowed continuation of workers' compensation benefits.


"Lawful termination, like fraud, cuts through everything; but the reasons for
firing here are murky. And whether it's a legal termination or not isn't a
question for this forum as workers' compensation courts are not in the business
of determining whether a firing was appropriate. What is important here is
that termination from employment in and of itself does not end entitlement to
supplemental earnings benefits as set forth in the [Palmer v. Schooner ] case.
In the case at hand, [Ms. Miller] returned to work in a light duty status. She
worked for a short period of time until her termination on October 14, 2010.
She was terminated for violating a hospital policy by posting a comment on Facebook. 
Pursuant to Ms. Salutillo's comments in the [CSPH] employee memorandum,
[Ms. Miller's] employment was terminated based on failure to uphold standards of
behavior. After her termination, [Ms. Miller's] treating physician took her
off work for a short period of time, but ultimately opined she could work light
duty."


BRENDA MILLER v. CHRISTUS ST. PATRICK HOSPITAL

--- So.3d ----, 2012 WL 5238000 (La.App. 3 Cir.), 2012-370 (La.App. 3 Cir. 10/24/12)

Read More about Social Media and Workers' Compensation

Jul 03, 2012
An injured worker was denied benefits when an Arkansas Court admitted into evidence Facebook pictures that were posted on line showing him drinking and partying. The worker had alleged that as a result of a hernia, ...
Apr 13, 2012
Facebook's new announcement today creates even a greater problem for workers' compensation claimants. Providing even greater historical information about an unsophisticated Facebook user puts even more information, ...
May 07, 2012
The announcement of Facebook to allow for the public listing of organ donors of it social media site, albiet with good intentions, raises concerns about the privacy of workers' compensation claims as the organs could become ...
Sep 15, 2010
Social networking sites, such as Facebook, have now become informational sources that workers' compensation lawyers are now utilizing for evidentiary purposes. The question that remains unanswered is how information ...