HR Strange But True

Employee Post Facebook Pics of Partying at Festival While on FMLA

We’ve reported several stories about Twitter stirring up trouble at work; now it’s Facebook’s turn.

While it’s not a big surprise that employees could get themselves into trouble on Facebook, but sometimes it can be shocking how they do it.

For example, don’t go partying when you’re out on FMLA leave, and certainly don’t post pictures of it online.
 

Unfortunately, that’s exactly what this employee did.

 

An employee was on intermittent FMLA leave for four back flare-ups per month that left her temporarily incapacitated. While on leave, she decided it was a good idea to attend a Polish heritage festival.

 

When attending means that she was drinking and partying, it wasn’t surprising that coworkers weren’t thrilled when they saw pictures on Facebook; especially since they were covering for her at work.

 

One of her coworkers complained to her supervisor, who took a look of her own (Yes, they were friends on Facebook!).

 

According to the court document, when confronted during an investigation, the employee argued that no one had told her it (attending the festival) was prohibited.

 

When asked to explain the discrepancy between her claim of “complete incapacitation” and her activity in the photos, she had no response—often being silent, and occasionally saying that she was in pain during the festivities but just wasn’t showing it.

 

Since the employee repeatedly failed to offer a reasonable explanation of the discrepancy between her claims and the photos, she was terminated.

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