Employment Clause on Social Media Contacts

regency_man

As part of a promotion my employer has asked me to sign a new contract. They have said this is just to bring it 'up to date with the current version given to new employees'.

It is largely the same, and my benefits are not affected, however it contains a pretty strict new clause on social media contacts.

I don't want to quote it directly here because it would be pretty identifiable, but essentially it says:

• Any contacts or connections that I make during the process of conducting my job are considered business contacts and not personal contacts and upon leaving the company I must delete all those contacts from my personal social media accounts and address books, destroy any copies and permit them to audit that this has been done.
  
• Updating my Linked In account in a way that would notify business contacts that I have a new job would count as 'solicitation' and therefore I'm not permitted to change my Employer on Linked In for 6 months after termination, in line with their non-solicitation clause.

This seems crazy. Is this actually enforceable?

Comms69

I'd love to seem them pursue this in court...

Undervalued

regency_man wrote: »

As part of a promotion my employer has asked me to sign a new contract. They have said this is just to bring it 'up to date with the current version given to new employees'.

It is largely the same, and my benefits are not affected, however it contains a pretty strict new clause on social media contacts.

I don't want to quote it directly here because it would be pretty identifiable, but essentially it says:

• Any contacts or connections that I make during the process of conducting my job are considered business contacts and not personal contacts and upon leaving the company I must delete all those contacts from my personal social media accounts and address books, destroy any copies and permit them to audit that this has been done.
  
• Updating my Linked In account in a way that would notify business contacts that I have a new job would count as 'solicitation' and therefore I'm not permitted to change my Employer on Linked In for 6 months after termination, in line with their non-solicitation clause.

This seems crazy. Is this actually enforceable?

Why is it crazy? Contacts you make on behalf of the company are engaging with the company, not specifically you. You are being paid to make such contacts on the company's behalf..

Depending on your settings would LinkedIn not automatically tell your contacts that you had changed job if you update it? If so that would be a "modern" way of phoning them all and saying "come with me, I now work for Bloggs and Co"!

Properly drafted it could well be enforceable and I would imagine the employer has taken specialist legal advice.

spadoosh

The reality is it will only ever be enforced if youre being a douche bag when you leave.

It sounds like theyve had issues with ex staff stealing clients. As long as you avoid doing that i suspect they dont care what you do. If you ever anticipate stealing clients off them after leaving, id be reluctant to sign the contract. Although not signing contracts kind of sends its own message.

Undervalued

spadoosh wrote: »

The reality is it will only ever be enforced if youre being a douche bag when you leave.

It sounds like theyve had issues with ex staff stealing clients. As long as you avoid doing that i suspect they dont care what you do. If you ever anticipate stealing clients off them after leaving, id be reluctant to sign the contract. Although not signing contracts kind of sends its own message.

But even then an employee has a legal duty to act in good faith.

As you say it is only likely to be enforced if there is direct attempt to steal clients. However it could well be enforceable.

regency_man

I think you're right, I have no intention of screwing anyone over so it's unlikely to ever be an issue.

It just really grinds my gears that companies now expect you to be 'always at work' blurring your personal vs work time, my contract even says I have no set hours and am expected to work whatever hours needed to get the job done. Yet there is no recognition that this flows both ways.

I mean, if I'm in a bar at 10pm after an event and my director sends me an email and I decide to answer it, and at exactly the same time someone comes up to me and hands me their business card - did I just make a business contact or a personal contact?!

Undervalued

regency_man wrote: »

I think you're right, I have no intention of screwing anyone over so it's unlikely to ever be an issue.

It just really grinds my gears that companies now expect you to be 'always at work' blurring your personal vs work time, my contract even says I have no set hours and am expected to work whatever hours needed to get the job done. Yet there is no recognition that this flows both ways.

I mean, if I'm in a bar at 10pm after an event and my director sends me an email and I decide to answer it, and at exactly the same time someone comes up to me and hands me their business card - did I just make a business contact or a personal contact?!

It depends entirely on why they handed you the card! If they were a plumber (say) and they gave you the card because you wanted a new bathroom at home it was clearly personal. However, if your firm sells plumbing fittings then they were a business contact.

spadoosh

regency_man wrote: »

I think you're right, I have no intention of screwing anyone over so it's unlikely to ever be an issue.

It just really grinds my gears that companies now expect you to be 'always at work' blurring your personal vs work time, my contract even says I have no set hours and am expected to work whatever hours needed to get the job done. Yet there is no recognition that this flows both ways.

I mean, if I'm in a bar at 10pm after an event and my director sends me an email and I decide to answer it, and at exactly the same time someone comes up to me and hands me their business card - did I just make a business contact or a personal contact?!

Personal contacts do not hand out business cards. Business contacts hand out business cards. The clue is in the title.

I bet you get paid more than me too. :mad::p

Undervalued

spadoosh wrote: »

Personal contacts do not hand out business cards. Business contacts hand out business cards. The clue is in the title.

I bet you get paid more than me too. :mad::p

Based on that reply I would imagine most people get paid more than you! :rotfl:

regency_man

Ah yes, but if I attend a self-funded professionals networking happy hour on my personal time, us professionals swap contact details (sometimes written on small cards) for personal reasons.

Undervalued

regency_man wrote: »

Ah yes, but if I attend a self-funded professionals networking happy hour on my personal time, us professionals swap contact details (sometimes written on small cards) for personal reasons.

Is that the modern version of "professionals" putting them in telephone boxes?

Although I suppose that was for business reasons!