Down But Not Out, Baby

Ok, dear readers. No doubt that, by now, you think I’ve abandoned my post. Fear not, loyal readers, fear not. I am entirely certain that I am now, once and for all, through with the bit of illness that managed to slow me down for the first three weeks of the new year. Now that February is here, though, I am absolutely determined to get back to it.

The story featured in today’s post highlights a similar sense of bullish determination of a different sort. The story, which came to my attention courtesy of Evan Brown at Internet Cases, involves a 911 supervisor in New York. The supervisor-petitioner photographed a computer screen containing confidential and privileged information concerning a 911 caller’s complaint of a gynecological emergency.

He also photographed the caller’s name, address and telephone number, all of which he uploaded the image to his Facebook account, along with the caption “[c]an’t make this up.” Actually, what you can’t make up is that the petitioner had the nerve to appeal his termination. Bullish determination, indeed.

Thankfully, the Court affirmed the decision to terminate, finding that, because the Facebook post violated the FDNY’s policies and was a serious violation of trust (not to mention HIPAA!) the penalty imposed did “not shock [the Court’s] sense of fairness.”

Palleschi v. Cassano, No. 9104, 2013 N.Y. App. Div. LEXIS 433, 2013 NY Slip Op 437 (N.Y. A.D. 1st Dept. Jan. 29, 2013).

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