Q. Once I give up my job, I did not give discover, and it wasn’t a pleasant parting of the way.
My former boss was a jerk and a bully, and I lastly determined I had sufficient.
On my means out the door, my boss jogged my memory that the non-compete I might signed when he employed me included an settlement to not solicit any former clients or coworkers for 12 months. My boss warned me he’d be monitoring my social media accounts and would sue if I attempted to “steal” his clients.
The issue — most of my former employer’s clients and all of my former coworkers are related to me on LinkedIn. Though I did not attain out to them, they came upon the place I used to be from my standing updates, and a number of other have contacted me to see if they will comply with me to my new employer. Thus far, I have never responded to any of those contacts, but when I do, can my boss sue and win, given my connections reached out to me, quite than the opposite method round?
A. The reply might depend upon whether or not the content material and substance of your updates and different social media outreach has been passive or lively.
When a former worker despatched invites to former coworkers to attach by way of LinkedIn, an Illinois Courtroom dominated that the worker hadn’t violated his non-compete (Bankers Life & Casualty Co. v. American Senior Advantages, LLC).
Based on the June 2017 determination, the invites to attach have been despatched by means of generic emails that did not talk about both the present or former employer. Additional, the emails did not ask recipients to view open job positions or depart their employer.
Equally, in Invidia, LLC v. DiFonzo, the ex-worker, a hair stylist, had turn into Fb associates with eight shoppers of her former employer. When she left Invidia, she made a public announcement on her Fb web page that introduced her new employment at a competing hair salon. After her publish, ninety former Invidia shoppers canceled or did not reschedule appointments. A Massachusetts state courtroom decide did not discover a clear violation of the hairstylist’s nonsolicitation settlement.
In distinction, in Coface Collections North America Inc. v. Newton, an appeals courtroom affirmed the employer’s enforcement of a non-solicitation/non-competitors settlement after a former worker posted on LinkedIn the date on which his restrictive covenant would expire and inspired “skilled professionals” to contact him about employment together with his new firm. Newton additionally despatched Fb pal requests to a number of former co-staff and urged them to view his posted job…