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Facebook fishing trip video dooms rail worker’s FMLA claim

(Source: HR Dive, June 25, 2019)

WASHINGTON, D.C. — Union Pacific Railroad (UP) was justified in firing an employee who took Family and Medical Leave Act (FMLA) leave and then appeared in a co-worker's Facebook live video of a fishing trip on one of the days he was out, a California district court said (Dunger v. Union Pacific Railroad Company, et. al., No. 18-cv-6374 (C.D. Calif. June 3, 2019)). The employee had previously taken intermittent leave on multiple occasions, without repercussions, for a hiatal hernia and gastroesophageal reflux disease. When questioned about the video, in which he said, "I'm not out here," the employee initially said he could not recall whether it was him before admitting it. He was fired for violating UP's policy against dishonesty and misusing FMLA leave.

Full story: HR Dive

Wednesday, June 26, 2019

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