As you know, nonsolicitation agreements are used to prevent former employees who go to work for a competitor from recruiting former colleagues to join him or her at the new company.
What may seem to some like a harmless message on Facebook, Twitter or LinkedIn about a new job may very well violate a nonsolicitation agreement.
Business owners are beginning to question the motive behind social media posts – including friend requests – and could try to stop the new hire or even sue the former employee. However, there are few cases that have made it all the way to trial to provide clear legal guidance on the issue.
That said, there is another option available to employers: editing or creating employment policies that better define the prohibition. For example, instead of prohibiting solicitation by a former employee, a policy could state that a worker cannot hire a former colleague for a set period of time after leaving a company’s employ.
Read the related articles:
- Tweeting about a new job can get you sued (The Wall Street Journal – MarketWatch, 8/2/13)
- Starting a new job? Tweet it, be sued (SmartPlanet, 8/2/13).
- Employers watching every (social media) move you make, Gunster attorney tells Wall Street Journal (Gunster “In the News,” 8/5/13)
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