Are employers allowed to terminate employees for posting inappropriate content on social media?

In North Carolina, employers are legally allowed to terminate employees for posting inappropriate content on social media. This is because in 2019, North Carolina enacted the Employment Law Social Media Act (ELSMA), which permits employers to take disciplinary actions against employees for their social media activity. Under the ELSMA, employers can terminate employees for posting: content that discriminates or harasses others; content that contains private or confidential information; content related to the employer’s business operations; or content that violates the employer’s policies. Additionally, employers can also terminate employees for misusing social media while on the job or in any other way that may be a detriment to the employer. Further, the ELSMA provides employers with protection from any wrongful termination claims when they terminate an employee for violating its social media policy. This means that, in North Carolina, employers are essentially allowed to fire employees for any inappropriate content they post on social media. Nevertheless, before taking such an action, employers should consider all the consequences carefully. For example, publicly terminating an employee for inappropriate social media posts may have a negative effect on the employer’s reputation. Additionally, employees may choose to challenge the termination in court, which can be costly and time-consuming for the employer. Therefore, employers should use the ELSMA to inform and protect their employees, instead of using it as a tool to wrongfully terminate them.

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Are employers allowed to terminate employees for posting inappropriate content on social media?

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