Ogletree Deakins: Termination for Facebook Posting Does Not Violate Texas Invasion of Privacy Law | Practical Law

Ogletree Deakins: Termination for Facebook Posting Does Not Violate Texas Invasion of Privacy Law | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Roberts v. CareFlite, in which a paramedic was terminated by her employer for stating on Facebook that she "wanted to slap" one of her patients. The Texas Court of Appeal dismissed the paramedic's state law claim for intrusion upon seclusion because the employer's invasion of privacy was not highly offensive to a reasonable person. The court rejected the paramedic's argument that her right to discuss safety concerns outweighed issues of public concern, such as public confidence in the ambulance company. Although that argument may support a claim under the National Labor Relations Act (NLRA), it was irrelevant to her invasion of privacy claim.

Ogletree Deakins: Termination for Facebook Posting Does Not Violate Texas Invasion of Privacy Law

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 27 Nov 2012Texas, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Roberts v. CareFlite, in which a paramedic was terminated by her employer for stating on Facebook that she "wanted to slap" one of her patients. The Texas Court of Appeal dismissed the paramedic's state law claim for intrusion upon seclusion because the employer's invasion of privacy was not highly offensive to a reasonable person. The court rejected the paramedic's argument that her right to discuss safety concerns outweighed issues of public concern, such as public confidence in the ambulance company. Although that argument may support a claim under the National Labor Relations Act (NLRA), it was irrelevant to her invasion of privacy claim.