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Labor: Does social media change the meaning of “solicitation”?

How to prevent ex-employees from using social networks to lure employees or customers

Consider the following scenario: Your company uses sales representatives to sell its products. To protect your company’s relationship with its other employees, you require all sales reps to sign a no-solicitation agreement as a condition of their employment. Under the agreement, reps cannot directly or indirectly solicit any employee of the company to terminate his employment with the company.

If an employee connects with co-workers on Facebook or any other social network and then leaves your company, has he violated the no-solicitation agreement by maintaining the connections?

Contributing Author

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Jon Hyman

Jon Hyman is a partner in the Labor & Employment and Litigation groups at Cleveland law firm Kohrman Jackson & Krantz, a Meritas member firm....

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