The whole situation is absurd, stalking your employee's facebook page (myspace, etc..) is the online equivalent of following them around while they're off the clock to see what they are up to. I've also heard of many HR depts searching social networking sites for info about potential hires. If you want to know something about someone then ask for it on an application or resume. How can an HR use information gleaned from a personal site and prove that they were completely ignoring information like race, gender, religion, etc? And since when is unhappiness a reason for termination? If that were the case, I imagine about 80% of the country would be out of a job.