Dec 12 2013

What Are the Boundaries of a Non-Solicitation Agreement?

An interesting case out of Massachusetts raised some questions about what an employee subject to a non-solicitation agreement can do. The employee announced her new position on her LinkedIn profile, and her former employer sued because among her followers were some of her now-former clients. The employer argued that this posting solicited her clients to come do business with her.

The court in this case was able to make a ruling based on other issues, and did not have to get into the LinkedIn issue. However, it put both employers and employees on notice – announcements on social media (be it LinkedIn, Facebook, or Twitter) can violate agreements and should be carefully considered. For employees, whenever you leave a job to start a new one, you should review any restrictive covenants that you signed (non-compete agreements, non-disclosure agreements, and non-solicitation agreements) to see what you are able to do. If there are limits on your ability to make public announcements, or if you have followers who are in a restricted group (either now-former co-workers or clients of the previous company), you may want to restrict the announcement to ensure that only people who can see your new job are able to. It will take you more time to set up, but it will be time spent saving yourself from a lawsuit.

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