A 23-year-old employee attends a weekend party at his friend's house in Boulder, Colorado (where recreational use of marijuana is lawful). At this party, he smokes marijuana and a number of pictures from the party are posted to his Facebook account. His employer sees the pictures from his Facebook account after another employee who is "friends" with him online shows the photos to his supervisor.
The employer does not have a specific drug use policy but he is immediately terminated nonetheless.
Can the employee bring suit against the employer for wrongful termination? What about a tort claim for intrusion upon seclusion or other "invasion of privacy" remedy?