What can an employer do if a former employee posts a derogatory comment about it on a social networking site?

If a potentially defamatory or otherwise unlawful statement has been posted by a former employee, the employer should submit an electronic report and/or a formal letter of demand to the host site requesting the immediate removal of the material.

In addition, the employer should write to the former employee demanding removal of the content and putting the individual on notice of the causes of action that it has against him or her. These could include damages for breach of contract, if the former employee's contract of employment and/or any settlement agreement contain post-termination restrictions, such as clauses prohibiting the disclosure of confidential information.