Tuesday, November 5, 2013

Non-Competes in this LinkedIn World!

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. 

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