Employee found guilty of uploading confidential medical information viewed while at work on Facebook terminated

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Employee found guilty of uploading confidential medical information viewed while at work on Facebook terminated

The Appellate Division affirmed the dismissal of an Emergency Medical ServicesSupervisor by the Commissioner of the New York City Fire Department formisconduct, ruling that the Commissioner’s determination that the Supervisorwas guilty of violating departmental regulations was supported by substantialevidence.
The EMS Supervisor had admitted photographing a computerterminal’s screen showing confidential and privileged information received during a 911 call concerning a medical emergency, as well as the 911 caller's name,address and telephone number, and then uploading the image to his Facebookaccount, with the caption "[c]an't make this up."
The decision states that approximately 460 of theSupervior’s Facebook "friends" had access to the posting.
Further, said the Appellate Division, at the time of theposting the EMS Supervisor understood that divulging such patient information wasin violation of departmental rules, as well as a serious breach of trust.
Considering the “serious nature” of the Supervisor’smisconduct, the court said that the penalty imposed, dismissal,  did not shock its sense of fairness, citingKelly v Safir, 96 NY2d 32 and  Berenhausv Ward, 70 NY2d 436.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2013/2013_00437.htm