Comments on: My LinkedIn Profile: Does My Employer Own It? https://nealschaffer.com/linkedin-account-ownership-employer-own/ Fractional CMO, Author & Speaker | Advice on Digital / Content / Influencer / Social Media Marketing Sat, 31 Aug 2024 18:40:12 +0000 hourly 1 By: Dave Kearns https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3733 Thu, 05 Apr 2018 22:59:31 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3733 My view on this is just this: (coming from a non-marketing industry, manufacturing is my thing, not sure that matters but for what its worth, lol) I had worked for a company that insisted we create a LinkedIN account, though the savvy guy I am, I already had one. The other folks created an account on behalf of the employer. I can see where maybe the employer has some right there, but not exclusive rights. I view my social media accounts as portable, like a 401K I own it no matter who I work for. If I generate followers, customers and whatever, thats all me, they are going to find me whoever I work for. I can’t speak for any real legalities, these are just my own thoughts, m.02

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By: Neal Schaffer https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3732 Thu, 28 Jul 2016 19:18:17 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3732 In reply to ZadieN.

Great advice – thanks for sharing!

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By: ZadieN https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3731 Thu, 28 Jul 2016 19:16:00 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3731 In reply to Steven Burda.

Create one for the company. Google and Chrome is making it difficult but I’ve not hd a problem more so because I personally use a Mac and the Companies I’ve worked for use PCs.

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By: ZadieN https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3730 Thu, 28 Jul 2016 19:09:37 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3730 I have had a supervisor demand my contacts so she could make contact with the people I’ve been talking to. That I had given her the ‘Official’ contact list was not enough. As a former newspaper reporter however, I’ve always been conscious of the likelihood of the Employers claim on my material and I viewed emails, mailing lists and social media accounts in the same light.

I keep separate accounts for my work and personal. I link them only by sharing what I do across accounts, and keep business and personal requests and responses separate. My personal contacts are my own. As I did then, I kept copy of the cross communication information i.e. all work related information shared there including social media posts. I also my personal laptop and private phone for private conversations.

Handing over the list created for the Agency along with the passwords is not a problem. The private numbers and emails given by those you’ve built a relationship with is not for sharing. Its a breach of confidence and as Richard says, the database is useless to you anyway.

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By: Neal Schaffer https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3728 Fri, 03 Feb 2012 06:03:00 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3728 In reply to Richard.

Totally agree with your perspective Richard.

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By: Richard https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3727 Fri, 03 Feb 2012 00:59:00 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3727 I totally side with the employee. The way I look at databases is it’s useless unless you really know the people.  Having Steven Spielberg’s rolodex is useless – you think Tom Hanks will pick up the call?  The company is just taking away some of that person’s power – so hopefully he exported the contacts beforehand.

Reconnect with a new account is not such a bad thing – clean out deadwood and reconnect with a new story. Life goes on.  Having all this in writing is a grand idea though.

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By: nealschaffer https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3697 Wed, 16 Dec 2009 23:35:46 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3697 Thank you for your comment James. Yes, the issue opens up a whole can of worms. I just came back from a Government 2.5 conference where one of the topics was “How do you define “job”?” As we become a free agent nation and companies make use of our social networks, what is the dividing line as to who owns what in social media? I do believe that we need some precedents, as you suggest. I also believe that companies are right now working on creating social media policies that will help define some of the issues that you bring up above. Either way, it is clear that the dividing line between personal and work on social networks, especially for people in certain industries and professions, is becoming harder to decipher. As for having multiple profiles on the same social network for each company that we work for, this is obviously a scenario that both the users and owners of the social network want to avoid…that is why I hope that the Facebooks, LinkedIns and Twitters join in the conversation and help us define rules that will be fair to all involved.

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By: nealschaffer https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3684 Wed, 16 Dec 2009 16:35:46 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3684 Thank you for your comment James. Yes, the issue opens up a whole can of worms. I just came back from a Government 2.5 conference where one of the topics was “How do you define “job”?” As we become a free agent nation and companies make use of our social networks, what is the dividing line as to who owns what in social media? I do believe that we need some precedents, as you suggest. I also believe that companies are right now working on creating social media policies that will help define some of the issues that you bring up above. Either way, it is clear that the dividing line between personal and work on social networks, especially for people in certain industries and professions, is becoming harder to decipher. As for having multiple profiles on the same social network for each company that we work for, this is obviously a scenario that both the users and owners of the social network want to avoid…that is why I hope that the Facebooks, LinkedIns and Twitters join in the conversation and help us define rules that will be fair to all involved.

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By: james https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3683 Tue, 15 Dec 2009 14:29:51 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3683 Here is another extension of the same issue/question. I have a linked in account – -I use my personal name/address and I have a free account — so there is not any money/consideration changing hands — but I do use the linked in account for business purposes – handling client relationships etc. IS there any difference? I am not asking for reimbursements from the company I work for — so do they have ownership of any/part/all of the data in the linked in account –perhaps I was building and using linked in during the day on my paid office hours (more costly than any monthly fee could ever be). How would this change the rights of the employer to demand access to the account/or data? How about if I had a paid account which I paid for myself and never expensed it to the company or asked for re-imbursement? How about if I had a linked in account and I only used the account during non-business-hours so I never used employee time to maintain or use the account during office hours? How much time is spent by employees working on social networking sites for the benefit of their employer, who owns it at the end of the day, what circumstances determine which part of that ownership structure? This is a really interesting question and needs to have some kind of “friend of the court or amicus briefing” to get some judgments and precedents in order to make an orderly system for everyone concerned. Perhaps this is why I see a bunch of duplicate and triplicate or 'quadplicate' entries for the same person as they move along in their career opening up multiple profiles on Linked-in for each new job they take on — they day they leave – the old profile just sits dormant and stagnates forever? Never thought about it until this question came up. Thoughts – ideas?

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By: anon https://nealschaffer.com/linkedin-account-ownership-employer-own/#comment-3681 Fri, 28 Aug 2009 00:45:41 +0000 http://linkedinquestions.wordpress.com/?p=366#comment-3681 IF an employer could claim to own your contacts I am not sure why an employee whose paid relationship has ended with his former employer couldn't claim ownership of any future business done by the company with his contacts.

People forget that just becuase money flows to the employee that does not mean the employee is not providing a service of value to the employer based on his wages.

One could equally argue that since the company has continued to use a substantial essence of what the employee had been paid for that they are in fact still employing the person and must pay them or cease using the employees contacts.

Contacts for future business are very different than business that was actually completed during the employees tenure.

Unless the companies primary business is actually the gathering of names for resale rather than possible future business with those names then the company has no more right to keep working your contacts without paying you than they do demanding you come into the office without paying you.

Furthermore in many cases it doesn't matter what your employee agreement says. An agreement can't violate the spirit of the law which recognizes the employee employer relationship only exists while the employee is being paid. In fact in California recently the courts just flat out ruled employee non compete contracts are illegal and not in the interest of the state to maintain a competitive marketplace.

Also in many states like California you have a right to commissions generated from your work after you leave the company. I would make the argument if I found the company had used my contacts to generate further sales that I was due commission on those sales.

two can paly at that game.

There seems to be an attempt at a powerplay by employers to enforce a form of involuntary timed servitude through employment contract which often on negotiated under duress.

They want to pay people for short times and harvest their work after they stop paying them by harvesting their employee network.

I don't believe any state of the United States recognizes timed unpaid involuntary servitude and hasn't since the 1800's.
Involuntary servitude agreements were in writing back in the 1700 and 1800's too but they are still illegal now.

Just becuase it is in writing doesn't mean it's legal.

Employers won't like it but they need to come to the understanding that if they like what an employee brings to the table and they want to keep using it they must continue to employ the employee. If they don't want the employee to take a job at a competitor then they need to pay him more than the competitor. They can't just negotiate continued servitude or non servitude at a competitor after they are no longer paying for the employee's workflow or exclusivity.

Period.

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