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Monday, December 16, 2013

Law - "What is noteworthy about these cases is that the social media aspect of them had no bearing on the courts' analyses"

That is a quote from a post yesterday on Mike Smith's Indiana Business Law blog. The post begins:

Consider these two relatively recent cases, one from Massachusetts and one from Indiana, both involving allegations of breach of contract through the use of social media
and later concludes:
Do these cases mean that one cannot violate a noncompete agreement or a nonsolicitation agreement by posting something on a social media site? Not at all. In fact, it seems entirely possible that the Massachusetts case would have gone the other way if Ms. Muller's LinkedIn profile had mentioned one fields of placement from which she was barred by her agreement with her former employer. Similarly, the Indiana case might have gone the other way if someone from Hypersonic had sent an email message specifically addressed to the ENS employee with a link to the LinkedIn job posting, particularly if the message encouraged him to apply.

Indeed, what is noteworthy about these cases is that the social media aspect of them had no bearing on the courts' analyses. The Massachusetts case would likely have turned out the same way had Ms. Muller sent out paper announcements saying the same thing her LinkedIn profile said, and the Indiana case would likely have turned out the same way had the job posting been a classified ad in a newspaper. The courts had to plow no new ground to deal with them.

Posted by Marcia Oddi on December 16, 2013 09:10 AM
Posted to General Law Related