Employment Clause on Social Media Contacts

surreysaver

regency_man wrote: »

I'm not sure if you've ever used LinkedIn but this is the WHOLE POINT OF IT.

Never used it, no. I'm only familiar with Facebook. The OP doesn't mention which social media forum they are using, but if it is Linked In, then surely its a professional social media account rather than a personal one?

surreysaver

TELLIT01 wrote: »

The world of business and personal life is blurred. My wife and I were invited to an event by a person I had business dealings with. My wife then invited him and his wife to her 50th birthday party, and they came. Is he now a business or personal contact?

Business...

sportsarb

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?

First one seems reasonable even if it might be difficult for them to enforce. It’s legitimate to make personal friendships from professional relationships so how could they presume to police your social friendships. Also, you’re perfectly entitled to make your social media accounts private to the point anyone not on your contact list can’t see who is.

The LinkedIn clause, I don’t see how that’s enforceable at all, it’s your employment record and you’re entitled to keep it up to date.

username901

Contract only says to delete them, doesn't say you can't add them after leaving employment, therefore don't add them to your social media accounts, make a note of them privately until you leave

TBagpuss

1. 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.

Asking youi to delete business contacts is reasonable, requiring you to allow them to audit your personal accounts, less so. I personally would not be allowing anyone access to my personal soicial media accoutns so i would want clarification that they would limit any 'audit' to checking my public profiles (which of course they can do with or without my permission!)

2. 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 is not reasonable. Your new employer might well require you to update Linked In to accurately reflect your new position, and the factual inormation that youhave changed jobs is not solicititation by any normal interpretation of the word.

Not to mention, its daft rom their point of view. What if you were sackedor left on poor term/ Woul they really wantyou to continue toappear as their employee? Not to mention, it could send business away from them. If someone contacts you via linked in believing that you still work for company A, they may well decide to continue with you even once they find you now work for comapny B, becuase they have made the connection to you. It's a very poorly thought out requirement.

I would be inclined to reply to say that you are are happy to sign a contracvt which includes provisions recording that any client contacts made in the course of your employment are considered to blong to the comapny, and you will not sek to remove or solicito business from them, but that you are not able to agree togrant access to your personal accounts (including LinkedIn) or to agree to allow misleading or inaccurate information regarding your employment to be posted or remain on Linked In.

In fact, a more normal non-solicitoation clause would be more sensible for them as it is a broader agreement not to poacj their clients / customers rather than tryong to nail down specifc ways they might do so.

i think itis unlikely that the clauses would be enforcable as theydo not appear reasonable, butyou would not want the hassle of trying to fight it.