so if I was employed by you and was well known as being in your employ then I assume that you would have me in a position that requires me to represent you company. one would also expect that your contract with me would have a code of conduct clause (I have worked in business development and have signed just this before) if I breech the terms of my employment with you then you would have cause to enact the termination of the contract under said clause. The issue here is that he did not have any clause relating to his online social media conduct something acknowledged by both parties. so using a more accurate analogy, if I was working at your abattoir as a meat packer and I posted this on social media on a private account then you found out and fired me and my contract does not stipulate how I must conduct myself in my private time online then yes I would sue and I should win. But using you example how is my theoretical example any different, it is a gross over reach of corporate power to essentially own people both during their employment hours and outside having said that if both parties willing engage in a contract stipulating social media behavior and one party breeches said terms then I have no problem with the contract responding appropriately.