Nurse Properly Fired and Denied Unemployment Due to Facebook Rant
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Guevarra worked as a staff nurse at Seton Medical Center for 12 years. In mid-May 2011, shortly before she went to work, she posted the following Facebook post:
Instead of spending my birthday celebrating, I will be working all night cleaning up feces. I loathe that effin heffer!!! Burn in hell you effed up spawn of satan. I curse you and wish you a lifetime of pain and suffering. That is not enough, right now I would give anything you small you down and pound you to unconsciousness. ‘Tang ina* mo!!!!!
Thanks to the effin heifer who royally effect up my schedule, not only am I working Mothers Day, my birthday and my anniversary. And this Friday, I will be getting the smallest paycheck I had in 12 years due to the 17 percent pay cut we had to endure.
A co-worker who was Facebook friends with Guevarra shared the post with Seton, who called the police. Although Guevarra had previously received no reprimands or prior warnings, the next day she was terminated.
Guevarra sought unemployment. An initial administrative determination found her eligible for unemployment, but an ALJ reversed, finding that her Facebook rant disqualified her for benefits. The ALJ said that her statement violated Seton’s policy prohibiting “threatening, intimidating, coercing, harassing, [and] using abusive language or behavior.” The ALJ distinguished this from a “single hot-headed remark.” Instead, it was a statement disseminated to a “broad audience” which included co-workers.
Read original articleTags: Facebook, Facebook friends, Facebook Rant Guevarra, Seton Medical Center
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