A federal court in Michigan recently dismissed the FMLA claims of an employee fired for misuse of FMLA leave and dishonesty after posting photographs of her vacation on Facebook while on medical leave. Lineberry v. Richards, No. 2: 11-13752 (E.D. Mich. Feb. 5, 2013). Carol Lineberry worked as a registered nurse for Detroit Medical Center (DMC). In January 2011, Lineberry complained of excruciating pain in her back and legs after moving stretchers. She requested FMLA leave and was approved for FMLA after providing a doctor’s note restricting her from work.
Lineberry’s physical condition was not so dire, it seems, to prevent her from going on a prepaid vacation to Mexico a week later. Lineberry posted several pictures of her vacation on Facebook, including shots of her lying on a bed and holding beer bottles, and standing while holding a grandchild in each arm. Some of Lineberry’s coworkers saw her postings and complained to DMC about her misuse of FMLA leave. After Lineberry’s supervisor questioned her about the vacation in an email, Lineberry responded that she had to use a wheelchair in the airports because she could walk only short distances and could stand for only 10 minutes.
Lineberry returned to work in April and DMC supervisors investigated into what they perceived as her misuse of FMLA leave. During the meeting, Lineberry admitted to lying about her wheelchair use. DMC terminated Lineberry dishonesty and misuse of FMLA leave. Lineberry then sued DMC for interference with her FMLA rights and retaliation for taking FMLA leave.
The trial court readily granted DMC’s motion for summary judgment. Noting that Lineberry admitting to lying, the court concluded that DMC had the right to fire her without regard to her FMLA leave status because the statute did not give Lineberry any greater rights than if she was not on leave. The court also held that DMC prevailed under the “honest belief” doctrine which applies where the employer honestly believes that the employee lied and misused her FMLA leave and fires her as a result. According to the court, Lineberry’s Facebook postings of her vacation and holding her grandchildren, in addition to her admitted lie about needing a wheelchair, provided the reasonable basis for DMC to end her employment.