A
profile update on LinkedIn informing those in network about the person’s new
job profile became a cause of action in a lawsuit against the person for
infringement of non-compete juxtaposing announcement/update to solicitation to
targeted audience, which was prohibited by Non-Compete. A good tactic to inform about your new
position to targeted audience without personally contacting them, which would otherwise
have been prohibited by Non-Compete.
In
the case in Massachusetts, a recruiting consultant allegedly entered into a
written Employee confidentiality and non-Compete agreement prohibiting solicitation,
recruiting or hiring other Company employees apart from other things for a
period of one year after leaving. The employee after leaving employer updated
her profile on LinkedIn informing her 500+ contacts of her new employer,
current title and contact information. A Massachusetts Court Judge in his Order
dated October 24, 2013, held that a mere announcement or a job update is not a Solicitation hence no breach of non-compete.
