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Social Media and Non-Compete Agreements

Published:  November 24, 2014

A recent decision out of Waterbury Connecticut demonstrates exactly why companies need to do their due diligence when drafting non-compete agreements.  The devil is really in the details…

The case involved an employee, who after resigning, announced to his LinkedIn connections that he was joining a competitor.  His LinkedIn connections included his former company’s clients.  His former employer filed suit against him for breaching his non-compete agreement; however, there was no provision in the contract barring him from making his announcement on social media.  Absent a specific provision, the court found for the former employee.

When drafting a non-compete agreement, employers need to carefully analyze the details to ensure there are no gaps in protection.  Employers should specifically define ways the company intends their employees to act after separating from employment.  Considering this case, employers should be sure to include a specific provision restricting employees from sharing certain information on social media. 

If you have any questions regarding how to draft a non-compete agreement, please contact any of the attorneys at Royal LLP at (413) 586-2288.