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If an employee uses a social networking site to slander his employer, then the employer is well within rights to terminate that employee. Also, if an employee wastes time on such sites during work hours, then she is not adhering to the employee/employer agreement of "work for pay". Even if the page itself is innocuous, the employee is dealing the employer an opportunity cost in terms of slowed progress and inability to hire a different, more diligent employee.

On the other hand, if, on his own time, an employee posts an offensive, non work-related page, or even a legitimate but harsh critique of his employer, there is no arguable reason to fire him. As long as the quality of his work is acceptable, the employer has nothing to gain by firing someone over a website. An employer who does so only makes himself appear petty and controlling. In contrast, an employer who puts on a persecuted-but-magnanimous expression and sighs, saying, "well, I don't like it but he's always done good work for me," then he becomes a shining example of American virtues. In the tradition of the predominant American faith, Christianity, he has demonstrated forgiveness. His adherence to the capitalist principle of placing profit above prejudice would make the founding fathers proud. In the clash of opinions, his wisdom allows him to hear freedom ring. He may disagree with what you say, but he will defend to the death your right to say it. He's a true businessman and a just plain good guy!

In many states, and employer can legally fire someone for any reason, while other states provide more protection. So the choice whether to terminate someone over an obscene, offensive, or controversial website may legally belong to the employer. That employer just needs to decide what sort of publicity he wants to give himself. In the public eye, would he rather be a crotchety, self-righteous, jerk, or a generous and progressive capitalist? The answer to that question will determine his decision.

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