Facebook posts and firing of Oklahoma worker lead to wrongful discharge claim

Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly, the lawsuits involve claims an employee acted as a “whistleblower” by reporting wrongdoing on the employer’s part through social media.

Facts

Tracy Peuplie worked as a certified nursing assistant at Golden Oaks Nursing Home in Enid, Oklahoma. The facility had a policy prohibiting employees from voicing concerns about the employer, supervisors, or coworkers on social media. Instead, employees were instructed to raise such issues “through the proper chain of command.”

On January 23, 2017, Peuplie posted the following messages on her personal Facebook account:

10:33am: It's just amazing in 30 years I have never in my life worked with an administration staff or a nursing crew that just don't give a shit!!!! God I wish I could find another place to work weekend doubles with my copilot!!!!!

12:34pm: I FEEL SORRY FOR THE ELDERLY AND THE NEXT GENERATION TO TAKE CARE OF THEM THEY HAVE NO WORK ETHICS OR EVEN CARE!!! ITS VERY SAD YOUR BETTER OFF LIVING UNDER A BRIDGE IN A BOX THE HOMELESS TAKE BETTER CARE OF EACH OTHER!!!!! IM JUST REALLY DISAPPOINTED IN WHAT I HAVE SEEN AND WORKED WITH LATELY ITS VERY SAD AND HEARTBREAKING ANYWAY THANK YOU TO ALL OF YOU WHO DO MAKE A DIFFERENCE KEEP IT UP!!!!!