Last year we profiled the TEKSystems v. Hammernik case that was filed in the United States District Court for the District of Minnesota.  The case was significant because it was one of the first where a Plaintiff seeking a temporary injunction used communications from social media (LinkedIn) as evidence of a non-solicit violation. 


A few social media signs that an employee is leaving:

  1. The Obvious –  A Linked-In or Facebook profile update that includes the name of a person’s new employer;
  2. The Obvious – An actual description of the new employer or business in a social media profile;
  3. The Obvious – A status update where the employee


A few months ago I profiled a non-compete/non-solicit lawsuit where the Plaintiff employer used LinkedIn communications as evidence to support their claims against several former employee recruiters.  The case was covered in a number of media outlets and blogs.

In the interim the Defendants answered the lawsuit and filed a counterclaim.  Here’s what