So therefore, there is no reason for any employer to search Facebook, MySpace, etc. for further information on a candidate. Sure, you might find more information – but it may or may not be true. And if you find information that you’re not supposed to know, then you could be liable for a wrongful employment decision – whether you used that information or not.
Just say no to Facebook when hiring an employee.
Jackie Ford at Marketwatch has a good article which articulates specific, additional reasons why employers can be liable.