• Skip to content
  • Skip to primary sidebar

Lathrop GPM

  • Team
  • Services
  • Sectors
  • Insights
  • Inclusion
Blogs

The Modern Workplace

Social Media Job Updates: The Footprints in the Snow Showing Customer Solicitation?

February 26, 2014
  • PDF

In this era of hyper self-promotion and cyber networking, through the wonders of social media, former employees are commonly creating some of the most incriminating evidence establishing their violation of non-compete and non-solicitation agreements. When employees switch jobs, they now frequently broadcast that changed status to all of their contacts through social media platforms, such as LinkedIn and Facebook. Among those contacts, however, may be a significant number of customers or clients of their now former employer. If the employees previously signed employment agreements containing non-compete and/or non-solicitation provisions, these social media announcement blasts may be unlawful and land the employees into some hot water. Or is this just harmless social chitchat?

This issue is yet another one where employers lack a clear and consistent answer in the eyes of the law. Courts around the country have looked differently on this question, with some equating this activity to be the cyber equivalent of an employee stealing his employer-created rolodex (if you are too young to be familiar with this term, please Google rolodex). Other judges, however, have seen this action as allowable and harmless. For example, a couple of fairly recent cases coming out of courts in Massachusetts concluded that this type of electronic networking was fair game for employees even those who had signed enforceable non-compete and non-solicitation agreements (beware that not all states allow such agreements). 

Ultimately, the answer as to whether restrictive promises in an employment agreement may effectively limit social media activity by a former employee will often times come down to as with most questions about employment contracts the actual wording of the employment agreement at issue. So, this is yet another reminder that if an employment agreement, including non-compete, non-solicitation, and/or confidentiality agreements, is deemed worth having by an employer, it is worth putting some careful thought into how it is written. As always, the more specific, the better. 

An additional take-away here for employers is to underscore the importance of policing the important restrictions you have decided are worth including in your employment agreements. It is pretty easy these days to locate this type of social media activity by your former employees and to thus monitor, to some degree, their contact with your customers. If that social media activity crosses the line, swift legal action should be considered. Employers should also give some thought as to how they want their employees to promote their work experience out in the cyber-world and consider adopting employment policies on this topic. That social media advertising, after all, also reflects on your company.

Primary Sidebar

Sidebar content.

Stay up to date on the latest insights.

Subscribe
  • Terms of Use
  • Privacy Policy
  • Sitemap
  • 800.476.4224

© 2025 Lathrop GPM. All Rights Reserved. Attorney Advertising. Past results do not guarantee future results. Every case is different and should be judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Lathrop GPM LLP, 2345 Grand Boulevard, Kansas City, MO 64108

Site by
We and our third-party partners use cookies and similar technologies on our website. Some cookies are strictly necessary for the website to function. We also use optional cookies to improve functionality and performance of the website, for analytics and to support our advertising operations. Certain advertising cookies will only be set with your consent. You can manage your cookie preferences through the “Cookie Settings” button. For more information, see our Privacy Policy.
Cookie Settings DeclineAccept
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
__cf_bm1 hourThis cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
_cfuvidCalendly sets this cookie to track users across sessions to optimize user experience by maintaining session consistency and providing personalized services
algoliasearch-client-js1 yearNecessary in order to optimize the web site's search-bar function . The cookie ensures accurate and fast search results.
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
rc::aNever ExpiresThis cookie is set by the Google recaptcha service to identify bots to protect the website against malicious spam attacks.
rc::cThis cookie is set by the Google recaptcha service to identify bots to protect the website against malicious spam attacks.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
CookieDurationDescription
ASPSESSIONIDQWBCSSBS1yearDescription is currently not available. Vuture is a third-party subscription tool used to send updates if you opt in to provide information to subscribe.
YSC1 yearYoutube sets this cookie to track the views of embedded videos on Youtube pages.
ytidb::LAST_RESULT_ENTRY_KEYNever ExpiresThe cookie ytidb::LAST_RESULT_ENTRY_KEY is used by YouTube to store the last search result entry that was clicked by the user. This information is used to improve the user experience by providing more relevant search results in the future.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga1 yearRegisters a unique ID that is used to generate statistical data on how the visitor uses the web site.
_ga_#1 yearUsed by Google Analytics to collect data on the number of times a user has visited the web site as well as dates for the first and most recent visit.
vuid1 yearVimeo installs this cookie to collect tracking information by setting a unique ID to embed videos on the website.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
VISITOR_INFO1_LIVE6 monthsYouTube sets this cookie to measure bandwidth, determining whether the user gets the new or old player interface.
VISITOR_PRIVACY_METADATA6 monthsYouTube sets this cookie to store the user's cookie consent state for the current domain.
yt.innertube::nextId1 yearYouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.
yt.innertube::requests1 yearYouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Services
  • Sectors
  • Our Firm
  • Careers
  • Inclusion
  • Insights
  • Locations
  • Subscribe
  • Contact