Hoosier Banker 35 the issue of enforceability of non-acceptance of business restrictions. A geographic area does not need to be specified in a non-solicitation agreement, if the covenant applies to a well-defined customer base. Moreover, while an employer has a legitimate interest in prohibiting a former employee from soliciting other employees to leave the employer, the covenant must only apply to the employer’s current employees, not future or past employees. The covenant should be narrowly tailored and justify the employer’s business needs. Note: Lately, the Department of Justice has been challenging so-called “non-poaching” agreements in the franchise industry as violating anti-trust laws. One interesting area that is emerging with respect to non-solicitations is in connection with social media use. Many employees use social networking sites, such as LinkedIn, chicago indianapolis st. louis milwaukee A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs ANDREW PODGORNY | LARRY TOMLIN | STEPHEN STITLE | MARK WENZEL | BRANDT HARDY | PHIL FOWLER ELIZABETH TRAYLOR | MARTHA LEHMAN | DEBRA MASTRIAN | JOHN TANSELLE Stock Yards Bank & Trust Company, Austin, has announced plans to relocate its downtown Indianapolis office to a larger downtown location at the Capital Center Building. The downtown location at 136 E. Market St. is scheduled to close on Friday, Jan. 26; the new location is to reopen on Monday, Jan. 29, at 201 N. Illinois St., Ste. 100, Indianapolis. Stock Yards Bank & Trust has offices in the Louisville, Indianapolis and Cincinnati metropolitan markets. HB Stock Yards Bank & Trust Company is relocating its downtown Indianapolis office to the Capital Center Building. BANKING CENTER UPDATE for business purposes. Employers, therefore, face issues as to whether and how employees with restrictive covenants may violate their agreements by using social media. For example, does an employee who has a non-solicitation agreement violate the agreement by merely sending a request to a former customer to connect on LinkedIn? There are no reported cases in Indiana on that issue, yet. In other jurisdictions, courts appear to distinguish between active use (e.g., a message explicitly soliciting business) and passive use (e.g., sending a generic invitation to connect). Restrictive covenants are an important means for employers to protect their business interests; however, they must be carefully drafted and tailored for each position. Employers with operations or employees outside of Indiana must consider the laws of those other states, as each state has its own unique requirements and factors relating to restrictive covenants. HB
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