Case $3$ Possible Discrimination Based on FMLA Leave

Background: Jeff Wilson was an Activities Director for a long$-$term care nursing facility. Wilson was scheduled to have shoulder surgery and was initially approved for $12$ weeks of FMLA leave. The day before Wilson was scheduled to return to work, his doctor reported that he would need to continue physical therapy and would not be able to return to work or resume regular physical activity for an additional $7$ weeks.

Wilson wished to return to his job and asked his supervisor to allow him to return on light duty as it had done for other employees. Wilson$$s supervisor refused to reinstate him until he submitted an unqualified fitness$-$for$-$duty certification. Wilson did not ask his doctor for a light$-$duty certification, and, instead, requested additional time off from his employer. Wilson was granted another $30$ days of non$-$FMLA medical leave in order to complete his physical therapy.

While on his non$-$FMLA medical leave, Wilson posted pictures on Facebook of a trip to St$.$ Martin and two visits to a local amusement park. Wilson returned to work two weeks before the dated estimated by his doctor and met with his supervisor at the beginning of the day. During the meeting, Wilson presented his supervisor with a fitness$-$for$-$duty certification confirming that he could immediately resume his job. His supervisor responded by showing Wilson the photos from his Facebook page.

The supervisor informed Wilson that $$corporate$$ believed, based on the Facebook posts, that Wilson had been well enough to return to work at an earlier point. Wilson was terminated and brought suit against his employer claiming that the employer retaliated against him for exercising his FMLA rights.

Who will prevail in this claim, Wilson or the company? Also, what do you see are the implications, if any, of the company using Facebook to keep track of employees? Give explanations for your answers.