Former Employee Emails Linkedin Contacts and is Sued

So, you have a LInkedin account.  As with most users, many of your contacts are co-workers.  You leave your employer and send messages to your contacts on Linkedin.  Is that a problem?  It is a problem, if you have a non-compete with your former employer in which you agreed to not contact former your former co-workers.  That is what happened in one recent lawsuit.  The former employer, an IT staffing firm, learned of the messages and filed suit against the former co-workers.  See report.  

The former employee had signed a non-compete agreement in which he agreed to not solicit former co-workers.  So, sending an email to all his contacts, co-workers and others, which said, "Hey, let me know if you are still looking for opportunities," sounds like solicitation. 

So, yes, as the report explains, now, when an employee leaves a company, that employee may have to "un-friend" his/her former co-workers.  In this case, the non-compete clearly prohibited solicitation of former employees.  

Texas Supreme Court Accepts Non-Compete Issue for Review

 Texas law on non-compete agreements is stricter than many states.  In Texas, the non-compete can be enforceable only if the employer provides some sort of confidential information in exchange for the non-compete agreement.  Typically, the employer provides some trade secret or other proprietary information.  Mike Maslanka pens another excellent post and discusses the state of non-compete law in Texas.  He discusses the case of Marsh USA Inc, Et Al v. Cook.  The lower court of appeals found that since no confidential information passed from employer to employee, then the non-compete signed by Rex Cook is not valid.  Marsh argues that the mere exchange of money serves to make the non-compete binding.  As Mike explains, the arguments are cloaked in legal jargon.  But, in reality, they reflect core Texas values, such as supporting individual entrepreneurs versus securing the fruits of hard-won business success. 

The Texas Supreme Court has accepted the case for appeal.  If Marsh wins, then non-compete agreements will become much more common,as my friend Chris McKinney notes.  

Eight Ways to Lose a Noncompete Case

 Eight ways to lose a non-compete case.  See gruntled employees blog to see how an employer can lose a lawsuit regarding a former employee who has apparently violated a noncompete agreement.  The post provides a nice summary regarding what to avoid.