social media clauses in employment contract

[coolguy999]

namechange for this -

Is it usual for employment contracts to include clauses about social media and 'businss contacts' - such as requiring downloads of all information on this from your FB account, etc when leaving a company, or indicating that updating your LinkedIn profile with new employer details may be counted as soliciting for work?

This is in addition to the standard 6 month non-solicitation clause.

its becoming more usual and I am in the process of drafting something for a client that might be reasonable and critically enforceable, as this is my field.

My view is that putting your new employer onto LinkedIn would be very hard to argue against as soliciting. Contacting each of your contacts (as defined in your restrictions) individually would be.

Its a developing area and there is little/no definitive case law (to my knowledge) that would give any greater driver. I generally build in a clause that suggest on leaving you will sit down with X and delete clients/contacts who have been garnered during your time with the Co.

Restrictive covenants and confidentiality clauses are notoriously difficult and v expensive for companies to enforce. So unless you are a very very key business asset and you steal all the clients its unlikely to be enforced.

interesting - thanks thekingfisher
seemed a bit intrusive and OTT to me but I guess they are trying to cover all bases.