Short Answer

Yes. Employers should have a social media policy addressing the use of LinkedIn and ownership of business contacts to protect trade secrets and prevent solicitation after employees leave.

Note: This is general information, not legal advice, and does not create an attorney-client relationship.

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When This Becomes Urgent

In the digital age, social media blurs the line between personal and professional. Employers worry about proprietary client lists walking out the door, while employees value their personal brand. A clear policy can prevent disputes over LinkedIn contacts and profiles.

What Usually Goes Wrong

• Mistake #1: Not having a written policy — Ambiguity leads to disputes over ownership
• Mistake #2: Claiming ownership of personal profiles — May violate privacy and employment laws
• Mistake #3: Failing to train employees — Unaware staff can inadvertently expose trade secrets

What to Have Ready

1. Ownership of contacts — whether client relationships belong to the company
2. Confidential information — trade secrets and client lists require protection
3. Non-solicitation agreements — restrict departing employees' ability to contact clients
4. Public versus private profile content — personal branding vs. company branding
5. State employment laws — influence enforceability of social media policies

What Typically Happens Next

1. Draft a social media policy outlining ownership of contacts.
2. Define acceptable use of LinkedIn for employees.
3. Train staff on confidentiality and client information.
4. Incorporate non-solicitation clauses in employment contracts.
5. Review and update the policy regularly as laws evolve.

Frequently Asked Questions

Can employers require employees to turn over LinkedIn passwords?

No. Password sharing may violate privacy laws and LinkedIn's terms of service.

Who owns the contacts on LinkedIn?

It depends on whether the contacts were developed through your employment and what your contract specifies.

Should employees accept connection requests from competitors?

A social media policy can address this, but overreaching restrictions may violate labor laws.

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Disclaimer

This content is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Every situation is different — if you're facing a business dispute, contact the Law Offices of Aaron Resnick for a confidential consultation.