Reference no: EM132883376
Mary Oishi is a graduate in Human Resources.She took job in January 2017 at an executive search firm called "San Francisco Executive Talent." Her job was to recruit executives for Silicon Valley software companies. She is paid salary of$90,000 per year, plus a bonus on each successful recruitment.In 2018, she earned a total of $160,000, and was on track to earn even more in 2019.
Her employment contract with San Francisco Executive Talent has a clause in it(assume it can be enforced in court)that reads as follows:
For a period of one (1) year following voluntary termination of this agreement by the employee, the employee shall not,on behalf of a competitor of San Francisco Executive Talent, contact or solicit for executive recruitment purposes any person she has had contact with while in the employ of San Francisco Executive Talent.
Mary uses LinkedIn every day. In fact, her employer encourages her to do so during work time and considers it part of Mary's job.
Mary has recently accepted a job at another executive recruiting company.
When she gave her notice to "San Francisco Executive Talent,"her boss told her to take down her current LinkedIn page and setup a new one. Her boss claims that all of the connections she has through that page are "company property" since she was paid to develop those connections and did so on company time.
Mary says that she will not follow up with potential clients that she actually contacted while she was employed by San Francisco Executive Talent, but that her robust pool of LinkedIn connections(more than 10,000 software engineers and executives)are part of her "online presence" and she will not shut down the site.
Does Mary's soon-to-be former employer, San Francisco Executive Talent,have a point? Should she be required to shut down her old LinkedIn site and start a new one with her new company? Why or why not? What about Mary's position? Is she entitled to keep those connections she has made on LinkedIn? Aren't they part of her "value" as a recruiter?
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