While Sara was on FMLA leave, she attended "Pulaski Days," a Polish heritage festival, where she spent eight hours socializing with friends. After the festival, Sara posted on Facebook several pictures in which she is shown *enjoying* the festival. Sara's co-workers weren't amused, since they "were covering for her" (whatever that means). Apparently feeling betrayed because Sara was partying and they weren't, several of Sara's co-workers complained to their boss, who then viewed the Facebook pictures. Sara was then fired, but not immediately. Sara then filed FMLA retaliation and interference claims, which were ultimately dismissed.
From FMLA Insights write-up of the case:
After learning of the Facebook pics, the employer did not rush to judgment and terminate Sara on the spot. Rather, it conducted a complete and exhaustive investigation of the facts at issue. Specifically, Advantage invited Sara back to work to discuss her leave of absence. During the meeting, they: 1) confirmed her requests for a leave of absence through the present time; 2) confirmed with her the extent of her injuries that she believed prevented her from performing her job; 3) obtained her confirmation that she understood how seriously Advantage took fraud; 4) presented her with the Facebook pictures and explained why they thought these pictures were inconsistent with her statements supporting the need for leave her certification, which stated that she was "completed incapacitated."
Moreover, the employer wisely asked Sara to explain the apparent discrepancy between her "complete incapacitation" and the Facebook photos. Sara's response? She "was in pain at the festival and was just not showing it." After that excuse failed miserably, her next response was telling. You guessed it: silence.