The actual decision (http://fedcir.gov/opinions/06-3284.pdf) in no way makes any declarations about whether it’s legal for an employer to search on an employee’s name.

The point in contention was whether Mullins was fired because his supervisor had learned (stipulated as being through Google) that he had been fired from two previous positions.

The judges only upheld the employer’s point of view, that the decision to fire him had already been reached before they search on his name — and that therefore he was not denied due process or treated unfairly under the principle of “ex-parte communications”.

The judges simply did not address the question of whether an employer has a right to search on employee names.