Luring Through LinkedIn: Is Posting Your New Employer’s Name on LinkedIn Improper Solicitation?

by | Dec 2, 2015 | For Employers

Luring Through LinkedIn: Is Posting Your New Employer’s Name on LinkedIn Improper Solicitation?

Most employees have a LinkedIn account. And many employees add colleagues and clients as connections.

Does a departing employee improperly solicit these employees and customers if he tells these connections that he has changed jobs via LinkedIn?

The Case

A recent case from the Superior Court of Connecticut in the United States (2014 Conn. Super. LEXIS 2644) considered this question

The Facts

Mr. Bergmann left his employment as a senior director at BTS to work for a competitor, Executive Perspectives (EP). Both companies design and market business simulations which educate and train employees.

In an employment contract, Mr. Bergmann agreed not to attempt to call or solicit or communicate in any manner whatsoever with any of BTS’ clients for two years after his employment ended. There was no evidence that BTS had any policies regarding an employee’s use of social media.

Shortly after joining EP, Mr. Bergmann posted his new job on his LinkedIn account. He later invited his connections to check out EP’s website that he helped design. BTS claimed, among other things, that he breached the terms of his employment contract.

The Decision

Posting his new job on LinkedIn did not violate the non-solicitation clause in Mr. Bergman’s employment contract.

Reasons for Decision

The court observed that the use of social media including LinkedIn, Facebook and Twitter has become embedded in our social fabric.

Absent an explicit provision in an employment contract, a court will not imply a term of employment which precludes an employee from posting information about a new job on social media.

Lessons to be Learned

  1. This is an American case and therefore not binding on Canadian judges. However, Canadian judges may find it persuasive.
  2. Employers should assume that employees use social media and will add work colleagues and clients as “friends”, “connections” etc. In addition, employers should assume that a departing employee will post details of his or her new job on social media.
  3.  If an employer is concerned that a departing employee’s social media activity will lure employees and/or customers to a competitor then the employer should include a term in the person’s employment contract which precludes the individual from doing so.

For over 25 years, Doug MacLeod of the MacLeod Law Firm has been advising employers on all aspects of the employment relationship. If you have any questions, you can contact him directly at 416 317-9894 or at [email protected]

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.



Recent Posts

Toronto Office

702 - 2 Bloor Street West,
Toronto, ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue,
Barrie, ON L4N 9J2

Collingwood Office

220 - 1 First Street
Collingwood, ON
L9Y 1A1



+1 (888) 640-1728


(866) 883-8445


[email protected]

Toronto Office

702 - 2 Bloor Street West, Toronto ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue, Barrie ON L4N 9J2

Collingwood Office

220 - 1 First Street, Collingwood, ON L9Y 1A1


Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates from our team.

You have Successfully Subscribed!