Employment Law – Background

Employers can take pre-employment steps to safeguard intellectual and commercial property such as company information or Linkedin connections. Furthermore, HR needs to establish a compliance framework for employee conduct, expectations and obligations.

In addition, an ex-employee’s Linkedin connections are ‘unlikely’ to be defined as trade secrets belonging to the former employer.

Employment Law – Tips for Employers

Our Matthews Folbigg Workplace Solutions employment law team recommends employers:

  • insert key restraint of trade provisions. These should explicitly refer to the use of social media connections
  • include restrictive terms for the post-employment period. For instance, restricting the use of social media to publish or share content
  • obtain a list of the employee’s current social media connections
  • include terms which provide that connections gained during the course of employment are the property of the employer
  • creating appropriate social media policies and guidelines. These should cover the course of employment and post-employment.
  • train employees to ensure understanding of obligations
  • draft new/changes to employment contracts with the assistance of an employment lawyer
  • draft new/changes to employment law policies with the assistance of an employment lawyer
  • speak to an employment lawyer about what company information can be protected
  • ensure employment contracts and employment law policies comply with relevant employment laws, Fair Work Commission decisions, common law employment law principles and contractual obligations

Employment Law – More Information

Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions employment law team on 9635-7966 to speak with one of our employment lawyers.