In this age of technology and social media sites, a new question is beginning to arise: Who gets the professional social media contacts when one of your employees leaves? This issue is especially relevant to LinkedIn. There are many employers that encourage their employees to create LinkedIn accounts to stay connected with clients and form more business connections. However, what happens when these employees leave and start working for a competing business? Do they get to take all of your valuable social media contacts to that competitor? The answer is not yet clear.
LinkedIn, as a part of its user agreement, says “If you are using LinkedIn on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.” There are no official laws on what happens to contacts after an employee leaves or is terminated, but the courts seems to be siding with the employees. After an employer took over a Pennsylvania woman’s LinkedIn account, the court said the woman had the right to own her social media profile. This can serve as a warning for many business owners to protect themselves before any lawsuits set a precedent for all employers.
Advice for Business Owners
Since there are no laws on this issue and we expect similar problems to arise in the future, here are some recommendations for business owners who have employees using social media sites for work purposes:
- Spell out your expectations for the use of professional contacts.
- If an employee receives personal contact information for a professional client, you may want to tell them to enter that personal information into the company’s database. This depends on the type of personal information and the specific circumstances.
- You may want to require employees to “disconnect” from their contacts if they plan on leaving your company. This should definitely be done if you know the employee is taking another job at a competitor.
We hope these tips and the information shared above can help our business clients protect their valued professional contacts. Although our legal system has not yet formally ruled on this issue, it is better if we are cautious about the steps we take. The tips listed above can be part of an employee handbook and should be reviewed with all employees, even those that have worked at your business for years. Helping our business clients protect themselves is our priority and we hope this post will be of value to you.
Source referenced: Entrepreneur