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A LinkedIn Post and a Lawsuit

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Social media has always been the wild wild west.  Companies have struggled with the boundaries between someone’s personal social media account and how it is associated with the individual as representative of the company as an employee.  In the very early years of LinkedIn, I remember an employer requiring a disclaimer on employee profiles that said: “the opinions contained herein are my own.”  I imagine that was enough to protect them from being liable for some rogue employee’s behavior back then.

As social media has evolved, many clients encourage employees to post away with few if any boundaries.  We are now at a point where we receive a barrage of company photos, live tweets, and posts announcing new openings or service offerings in our feeds.

It was only a matter of time until the lawyers came running and this article caught my attention.

I’m sure many never considered how a LinkedIn post could lead to litigation, but this case is worth studying.  While the specifics are related to violating a non-solicitation agreement (as it relates to clients), how long will it be until someone innocently posts an opening on Facebook only to find themselves in hot water for soliciting former employees?

I’m not trying to borrow trouble here, be the compliance police, or suggest that we stop leveraging the platforms as part of our sourcing strategies. I’m merely creating awareness of an issue that is sure to pick up steam.  Time will tell.

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