My boss found my modeling website and told me to delete it or lose my job. Is that even legal?

Understand the First Amendment Limits

Many assume the First Amendment protects them at work—but that’s often not the case in private employment. The First Amendment protects you from government censorship, not consequences from private employers. If your job is with a private company, they generally can discipline or terminate employees for legal off-duty conduct, unless protected under other laws or contracts.

Are You an At-Will Employee?

Most workers in the U.S. are “at-will employees,” meaning they can be fired at any time for any reason—as long as it’s not illegal (like discrimination). Unless you have a union contract or employment agreement with specific protections, your employer might have the legal right to let you go. Yes—even over off-hours activity.

Review Company Policies

Before taking any action, check your employee handbook or code of conduct. 

These days, many companies have policies around social media, brand representation, or off-duty behavior. If your photo content is deemed to violate a clear policy you agreed to, your employer may be on firmer legal ground in asking you to take it down—or else.

Is There a Morality Clause?

Some employers—especially in fields like education, healthcare, or media—include “morality clauses” in contracts. These can give the employer broad discretion to terminate employees whose behavior they view as damaging to the company’s image. If your job has one, your employer may use it to justify discipline for adult content creation.

Is Your Job in a Regulated Industry?

In regulated fields like finance, healthcare, or law enforcement, off-duty behavior can face more scrutiny. Licensing boards, clients, or background checks may raise issues around content considered “inappropriate.” If you’re in one of these fields, your employer may claim your website undermines professional standards or fiduciary responsibilities.

Consider State-Specific Employment Laws

Employment laws vary widely by state. Some states—like California and New York—offer more protections for lawful off-duty conduct, including adult content creation. Others don’t. Research whether your state has any protections under labor laws that might shield you from employer retaliation for legal side hustles.

Could This Be Gender Discrimination?

If your employer’s reaction seems targeted toward you—but not others doing similar things—it’s worth asking whether this is discrimination based on gender or sex. Women and LGBTQ+ employees are disproportionately targeted for social media content. If you’re being singled out unfairly, it could violate equal employment opportunity laws.

Were You Threatened or Harassed?

How your boss handled this matters. Was the conversation professional—or did it feel threatening or coercive? If your employer used sexually charged language, made you feel unsafe, or suggested you'd be “punished” for not complying, you may have grounds for a harassment claim.

Did You Use Company Devices or Time?

Your employer definitely has more leverage if you used company equipment or worked on your account during work hours. If so, they may argue that your website activity interfered with your job performance or violated internal policies. If everything was done on your own time and gear, the argument against you isn't as strong.

Are You Being Retaliated Against?

If you’ve recently reported workplace issues or been involved in protected activities (like whistleblowing or filing a complaint), this photos issue could be retaliation in disguise—and that would be illegal. Timing matters. If your boss found the account right after you raised concerns, document everything carefully.

Is This a Privacy Violation?

Depending on how your boss discovered your pictures, there could be privacy or stalking concerns. If they created fake accounts to follow you, accessed private content, or shared it around the office, they may have crossed legal lines. Save screenshots or messages as evidence if things escalate.

Document Every Interaction

From now on, you are going to want to keep written records of all conversations and emails related to this situation. Write down dates, times, what was said, and who was present. This documentation can be very important if you need to file a complaint or take legal action later on.

Don’t Quit Immediately

Even if you're furious, don’t quit on the spot. Voluntarily resigning can hurt your eligibility for unemployment and weaken your case if you later challenge the situation legally. Take time to understand your options first, especially if you're in a vulnerable financial position.

Talk to HR—Cautiously

If you feel safe, you might consider speaking with HR. But proceed carefully. HR works to protect the company, not just you. Be calm and professional, and focus on whether your content violates any formal policy. Ask for clarification in writing.

Seek Legal Counsel

This is a complicated situation, and you should consult an employment lawyer—especially if you believe your rights are being violated. Many attorneys offer free consultations, and they can tell you whether you have a strong case under state or federal law. Legal advice is especially crucial if you plan on keeping your account.

Consider the Long-Term Impact

Even if you're legally in the clear, you’ll need to consider how this affects your relationship with your employer and your position in the company now and in the future. Will they see you differently? Will promotions be off the table? It may be time to start thinking about whether this job is still right for you or if a clean slate somewhere else might be better.

Can You Keep Both Jobs?

If you want to keep your job and your website, consider whether there’s a way to make your content more anonymous—no face, no real name, no obvious identifiers. It won’t guarantee protection, but it may reduce the risk of future conflicts if you’re determined to keep both.

Start Looking for a New Role

If it’s clear this conflict will never be resolved, start quietly looking for other opportunities. You deserve a workplace that respects your autonomy and doesn’t police your legal behavior outside of work. Think of this as a chance to find a better cultural fit—or even go full-time with your content, if that’s your goal.