Social networking has exploded in recent years. Virtually everyone (even your employer) engages in some sort of social networking activity. Employers use social networking websites to learn more about their job applicants, employees, and the individuals who sue them. As social networking has increased so has the number of employees terminated for their social networking activities.

Two employees sued their former employer in New Jersey federal court earlier this year after they were fired for their MySpace activities. Brian Pietrylo and Doreen Marino created a MySpace forum to vent, complain, and make fun of their employer and supervisors. Management learned about the forum and terminated Pietrylo’s and Marino’s employment for violating the company’s professionalism policy. The Pietrylo case raised the question of whether an employer can terminate an employee for private statements made on a social networking website. Unfortunately, the Pietrylo case did not answer that question, leaving employees to wonder what social networking activities can result in termination. While there is not much clarity in this area, you should be aware of the following if you engage in social networking activities:

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