WARNING: Internet Pictures of You Hunting While on Medical Leave from Work Will Kill Your Retaliatory Discharge Claim

Book illustration, pen drawing

TAKEAWAY: If you are claiming you cannot work and are on medical leave, posting pictures on the Internet of you hunting during that same time will not help your case when (yes, i said WHEN) you get fired and make a claim under the Family and Medical Leave Act for retaliatory discharge. They will kill your case!

This is the lesson of Foster v. Sanderson Farms, Inc., 2013 WL 177998 (S.D. Tex. Jan. 16, 2013). This is a great example of one of my maximums of social media law: “If you are doing something you shouldn’t, don’t post about it on the Internet!”

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Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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