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Smizer v. Community Mennonite Early Learning Center, 7th Cir., No. 10-C-304 (October 25, 2013)

Articles Discussing Case:

Family squabble leads to "Facebook firing," and to dismissal of plaintiff's case.

Ogletree Deakins • November 11, 2013
The line of “Facebook firing” cases is growing longer every month. In October, the Seventh U.S. Circuit Court of Appeals upheld summary judgment in an unpublished opinion in which an individual claimed gender discrimination after he was fired from his job as a daycare center worker. According to the employer, the firing was based on a Facebook posting that included profanity and strong language, which certain individuals found to have been threatening. Smizer v. Community Mennonite Early Learning Center, 7th Cir., No. 10-C-304 (October 25, 2013). The unusual twist in this case is that the plaintiff was the son of the defendant daycare center’s Director, and the Facebook posting dealt with a family custody matter.