Can We Force an Ex-Employee to Remove Our Company From Their LinkedIn Profile?
Reading Time: 5 minutes - A former employee's LinkedIn account is their personal account, so employers have little authority to force a profile change.
- Employers can send a letter requesting removal of company information or report the profile through LinkedIn's Inaccurate Profile Information process.
- Ex-employees who list an old role as current risk failed reference checks, since prospective employers will question their integrity when the truth surfaces.
In our current “connected” age, representations on social media have become a pretty big deal. Some ex-employees may just have forgotten their login information or don’t see updating their profile as important, while others purposefully leave their ex-role/company as their current one, thinking “it’s easier to find a job when you have a job.” So, what’s an employer to do?
Unfortunately, not much. An individual’s LinkedIn (or other social media platform) account is their personal account, so a company doesn’t have a lot of authority in forcing an ex-employee to change their information. Employers can attempt to send company letters requesting an employee remove company information as a part of the employee’s online presence or may even file a complaint with the platform at issue. For example, LinkedIn has a process for reporting “Inaccurate Profile Information.”
An employee that provides inaccurate information on their social media platform leaves themselves open for negative reference reviews. LinkedIn is viewed as an online resume, meaning a prospective employer that thinks an employee is currently employed will really question the integrity of the individual during a reference check process if they find out otherwise. So, it’s always best for employees to appropriately update their information when changes occur, so their profiles/resumes reflect accurately. Otherwise, there is not a concrete avenue for ex-employers to argue profile correction controls.
Problem with a former employee online?
Talk it through with a senior HR advisor before you send a letter or add a clause to a severance agreement. Unlimited advice calls are included with Catapult membership.
Frequently Asked Questions
Can an employer legally force a former employee to remove job history from LinkedIn?
Generally no. LinkedIn profiles are personal, and former employees have no legal obligation to remove accurate work history. A requirement to remove accurate employment information would likely be unenforceable. However, if a former employee makes false statements about their role, title, or responsibilities, you may have a defamation claim or grounds to enforce a misrepresentation provision in a separation agreement.
What can an employer do if a former employee misrepresents their role on LinkedIn?
If the former employee is using a false job title, claiming responsibilities they did not have, or making false statements that damage the company’s reputation or mislead potential employers, you may have a defamation or unfair business practices claim. Consult employment counsel before taking action — a cease-and-desist letter is often more effective than litigation.
Can an employer prohibit current employees from discussing their employment on social media?
Blanket social media policies prohibiting employees from mentioning their employer on social media are generally unenforceable under the NLRA, which protects employees’ rights to discuss wages, working conditions, and other terms of employment. Policies should be narrowly tailored to protect legitimate interests: confidential information, non-public financials, client data, and defamatory false statements.
Should severance agreements include LinkedIn/social media clauses?
You can include provisions requiring departing employees to update LinkedIn to reflect their departure date and actual title (accurate, not embellished), and prohibiting false statements about the company. These are enforceable if narrowly drafted around accuracy rather than erasure. Non-disparagement clauses that are too broad may run afoul of NLRB rules on protected activity.
What should HR’s social media policy cover for departing employees?
Departing employee social media provisions should address: updating LinkedIn with accurate end date (not creating the impression of continued employment), confidentiality of trade secrets and client information post-departure, non-solicitation of clients and employees (if a separate agreement is in place), and prohibiting false statements or defamatory content about the company.
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Stephanie Dillon is Catapult's Lead Senior HR Advisor. She advises member employers on employee relations, workplace investigations, and performance management, along with the compliance questions that most often catch employers out, including FMLA and ADA, OSHA, wage and hour, EEO, immigration, and the NLRA. She has worked across industries rather than in a single sector.
