At least according to a Massachusetts court in a recent case. In KNF&T v. Muller, the court denied a request for a preliminary injunction where a former employee was alleged to have violated her non-compete by, among other things, using her LinkedIn profile to notify contacts of her new position. The case is instructive on how courts will analyze non-competes in the social media era. And an earlier First Circuit case provides an interesting contrast. In Corporate Technologies v. Harnett, the court held that an email blast to former clients announcing an employee’s new position did constitute “solicitation” within the meaning of the non-compete.
Take away: draft non-competes carefully and with an eye towards social media.