Employment Law This Week (Episode 80: Week of July 17, 2017) has released bonus footage of its interview with Brian E. Spang, a Member of the Firm at Epstein Becker Green.
As Mr. Spang discusses, an Illinois appellate court has weighed in on social media and solicitation. The case involved a defendant who sent LinkedIn connection requests to three former coworkers, even though he had signed a non-solicit agreement. In considering whether social media activity violates non-solicitation agreements, other courts have drawn a distinction between passive social media activity and more active, direct activity. Though these requests were made directly to the former coworkers, the court in this case ruled that the content constituted passive activity because the defendant did not discuss his new job in any way, nor did he directly attempt to recruit his former coworkers. The court concluded that sending the connection requests did not violate the prohibition against inducing co-employees.