Are employers allowed to post about former employees on social media?
In North Dakota, employers are allowed to post about former employees on social media, but there are restrictions in place to prevent employers from making defamatory statements. According to North Dakota’s Social Media Law, employers can post about an employee’s job performance, competence, or other job-related characteristics; however, they cannot make any false statements that could harm the employee’s reputation and credibility. If an employer posts anything that is deemed as false, it could be considered as defamation, in which the former employee could be entitled to seek legal action. Furthermore, employers are not allowed to post any personal information or sensitive information about the former employee, such as their address or Social Security number. Sharing this type of personal information is a violation of the employee’s privacy and could result in a lawsuit. Therefore, employers must be sure to carefully vet any information they post about their former employees. In sum, employers in North Dakota are allowed to post about former employees on social media, however they must ensure that the information they post is accurate, relevant to job performance, and not personally or sensitively identifying. Employers must also take care not to make any false statements that would be considered defamation, as this could lead to legal action.
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