Nurse Using Abusive Language Toward Hospital Administrator On Facebook Justifies Firing

Richard Raysman is a Partner in our New York office

As this blog has covered on a number of occasions, employee speech on Facebook, particularly if it is profane, vituperative or threatening, can lead to termination. A number of courts in recent months have grappled with the tension between free speech and workplace cohesion and professionalism, largely in the context of First Amendment claims against public employers. A recent case, though decidedly largely on procedural grounds and concerning a private employer, adds to the canon of law concerning the implications of hostile Facebook speech.

In Guevarra v. Seton Medical Center, No. C 13-2267 CW, 2013 WL 6235532 (N.D. Cal. Dec. 2, 2013), the plaintiff, a nurse at Seton Medical Center (Seton), a privately owned hospital, posted on...