Today’s post comes to us from our colleague Jon Gelman of Jon L. Gelman, LLC.
An employee who was terminated because of comments made about her employer on Facebook has been allowed continuation of workers’ compensation benefits.
“Lawful termination, like fraud, cuts through everything; but the reasons for
firing here are murky. And whether it’s a legal termination or not isn’t a
question for this forum as workers’ compensation courts are not in the business
of determining whether a firing was appropriate. What is important here is
that termination from employment in and of itself does not end entitlement to
supplemental earnings benefits as set forth in the [Palmer v. Schooner ] case.
In the case at hand, [Ms. Miller] returned to work in a light duty status. She
worked for a short period of time until her termination on October 14, 2010.
She was terminated for violating a hospital policy by posting a comment on Facebook.
Pursuant to Ms. Salutillo’s comments in the [CSPH] employee memorandum,
[Ms. Miller's] employment was terminated based on failure to uphold standards of
behavior. After her termination, [Ms. Miller's] treating physician took her
off work for a short period of time, but ultimately opined she could work light
BRENDA MILLER v. CHRISTUS ST. PATRICK HOSPITAL
— So.3d —-, 2012 WL 5238000 (La.App. 3 Cir.), 2012-370 (La.App. 3 Cir. 10/24/12)
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