DerryNews.com, Derry, New Hampshire

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December 5, 2013

Tread carefully on social media

(Continued)

But the court held no direct competition with the former employer and refused to issue an injunction. The court called the evidence “between weak and nonexistent” in a decision announced Oct. 24, 2013, in KNF&T Inc. v. Muller by the Suffolk County (Mass.) Superior Court.

The executive’s online profile update was apparently general enough, using generic terms like staffing services and recruiting, avoiding reference to the specialty fields specifically promoted by the previous employer. The court’s decision applied narrowly to these facts.

Recent social media cases seem to indicate that mere updates to profiles and pages, which go out to all contacts, including old classmates and relatives, aren’t enough to violate non-compete provisions. Case holdings seem to indicate that some further overt act targeted to particular customers would be required.

But, the common thread in these cases, is that they are all determined on the specific facts of the case with little, if any, precedential value.

Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.

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