Employees should be aware that posts on social network sites can be used against them in limited circumstances, as evidenced by a a recent court case, Jaszczyszyn v. Advantage Health Physician Network (6th Cir., 2012). In that case, a former employee sued her employer for retaliation and interference in a FMLA claim.
The plaintiff began taking intermittent FMLA leave related to a back condition from an injury sustained 10 years earlier. The employee claimed to be completely incapacitated and unable to work because of the back injury.
Approximately 5 weeks into the leave, the employee posted pictures of herself drinking beer at a festival. Several co-workers brought the matter to their supervisors. The employer fired the plaintiff. While there were several specific factors relating to the employee's use of FMLA leave, the court held that the Facebook photos were one factor that could be considered in determining if the termination of employment was retaliation or interference with FMLA leave.
Employees should be wary of their social network site postings, and employers may be able to utilize employees' social media information in limited circumstances.
