Atkinson Public Relations usually recommends that companies encourage employee use of social media tools. With a few caveats.

One would be: Don't do it if it's illegal.

TEKsystems is accusing a former employee of wrongfully contacting former clients and co-workers through LinkedIn. The company claims she violated non-compete and non-solicit contracts after starting a new job -- and left evidence on LinkedIn that proves it.

TEKsystems is citing LinkedIn connections between the former employee and 16 current employees as evidence of wrongdoing. If mere connections are considered "contact" under terms of the contract, that brings up a lot of questions about social media use and what counts as contact for those under non-competes and non-solicits.

• What if the employee had already connected with her coworkers when she was with the company?
• What if a current TEKsystems employee invited the former one to connect? Does she have to deny every invitation even if she doesn't send a written response?
• What about Facebook and Twitter? If the former employee blasts an update along the lines of "Great day at my new company, XYZ," and current employees are among her friends and followers, does that consitute contact? Can she not accept friend invitations or follow former employees on Twitter?

I agree with what employment attorney Megan Ruwe says about this case:

"Having the LinkedIn account, having those people on it may not in itself be a violation, but it's what you do with it. ... If you can't call someone and say it, and you can't send a letter and say it, then you shouldn't be doing it on LinkedIn."

We'll see what the judge has to say about it. In the meantime, be careful out there.

About the Author

Nikki Klemmer is an account supervisor at Atkinson Public Relations.

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