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Beware What You Post on Facebook - Even Just "Venting" Can Be Grounds for Termination & Denial of Unemployment Benefits


Talbot v. Desert View Care Center - Supreme Court of Idaho


Facts:  Talbot worked as a nurse at Desert View Care Center.  However, a Facebook post triggered his termination for violating the employer's social media policy.  In the post, Talbot stated that he didn't like some patients who made his work difficult and stated that these patients made him less motivated to answer their call light whenever they needed something.  After one of Talbot's Facebook friends, a nursing professor, reported the post to the employer and expressed concerns about resident safety, the employer fired Talbot and cited its social media policy. 

Talbot sought unemployment benefits but his claim was denied because he was discharged for violating the company's policy.  Talbot appealed and the Appeals Examiner reversed the initial denial and found that Talbot had not been terminated for employment related misconduct.  The employer appealed and the decision was reversed and Talbot was denied unemployment benefits.  Talbot subsequently appealed to the Supreme Court of Idaho.

Holding:  The Supreme Court of Idaho upheld the denial of Talbot's unemployment benefits.  When the Court examined the facts of the case, it honed in on the fact that the employer had an expectation that its nurses would not make threatening statements about a patient on Facebook and that Talbot failed to meet the employer's expectations.  Talbot's argument that his post was not a threat and only his way of "venting steam" did not fly with the Court.

Judgment:  The Supreme Court of Idaho upheld the decision to deny Talbot unemployment benefits as a result of threatening post on Facebook in violation of the employer's social media policy.

The Takeaway:  This decision makes sense, given the liability the employer could have faced if a patient had suffered harm as a result of Talbot's admitted unwilling desire to offer the best care to all patients.  In a case like this, especially with an employer in the health care industry, it is important to remain vigilant and insure that when a social media policy is in place, that employees respect it and not post comments that are deemed threatening.

Majority Opinion Judge:  Chief Judge Burdick

Date:  June 20, 2014

Opinion:  http://www.isc.idaho.gov/opinions/41208.pdf


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