Q. It’s come to our attention that a former employee of ours has not updated her LinkedIn profile after her termination 10 months ago for insubordination. Would we have a cause of action against her?
A. It’s possible, but you would probably have to show that you were damaged as a result of her failure to update her profile.
It may be more worthwhile to contact LinkedIn and ask it to enforce its user terms and conditions regarding truthful representations. Also, you might consider adding a provision to any employee severance agreement that the employee agrees to update his or her LinkedIn profile within a certain period of time after termination.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Why execs hate HR ... and 5 things you can do about it!
- Blessed are the peacemakers: Firm provides biblical ADR
- You have personal liability under FMLA and ERISA
- When worker may have broken rules, conduct independent investigation to confirm suspicions