WEB DESK: An employee who worked at a nursing home, Accentia Health and Rehabilitation Center of Tampa Bay, was fired by his employer for allegedly having negative impact upon co-workers by posting vacation photos on Facebook, Forbes reiterates.
The episode started as the employee, Rodney Jones needed shoulder surgery and was granted 3 months of medical leave per the Family Medical Leave Act (“FMLA”) of the company.
At the end of that period, the doctor said he needed more recovery time. The employer gave him a 30 day non-medical leave and required a “Fitness for Duty Certificate” before coming back to work.
During the 30 day extension, he twice visited the Busch Gardens Theme Park in Tampa and took a 3 day holiday to St. Martins. He posted photos of these activities to Facebook, “including a picture on the beach, posing by a boat wreck, and a picture of Plaintiff wading/swimming in the ocean.”
The supervisor said “he terminated Plaintiff due to the poor judgment Plaintiff exhibited as a supervisor and the negative impact that his Facebook posts and text messages had among the associates as Accentia Health.” Jones believes he was fired because his supervisor thought Jones had abused his FMLA leave.
Jones sued the company claiming that it interfered with ‘his FMLA leave and retaliated against him for taking it’. The court showed no sympathy towards Jones’ legal arguments and dismissed the case.