Nurse Claims Facebook Rant Was Protected [View all]
Nurse Claims Facebook Rant Was Protected
SAN FRANCISCO (CN) - A nurse who pitched a fit on Facebook for having to work on her birthday sued the hospital that fired her and the California Unemployment Insurance Appeals Board.
Bernadet Guevarra sued Seton Medical Center, the appeals board and its chairman Robert Dresser in Federal Court, claiming First Amendment violations and breach of contract.
Guevarra worked as a staff nurse at Seton for 12 years.
"Plaintiff enjoyed taking her birthday off and would frequently take additional time off around her birthday," she says in the complaint. "On May 17, 2011, plaintiff placed a Facebook post on her personal page that said: 'Instead of spending my birthday celebrating, I will be working all night cleaning up feces. I hate loathe that effin heffer [sic]!!! 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 to smack you down and pound you to unconsciousness. 'Tang ina mo!!!!! Thanks to the effin heifer who royally effed up my schedule, not only am I working Mother's 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.'"
(Literally translated, "Tang ina mo" means "Your mother is a whore" in Tagalog.)
http://www.courthousenews.com/2013/05/22/57869.htm
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