Canadian courts have routinely emphasized that the determination of reasonable notice entitlements is an art rather than a science. One factor that plays an important role in assessing the quantum of reasonable notice entitlements is the assessment of whether an employee was induced by the subsequent employer to leave a secure and stable position of prior employment.
What differentiates LinkedIn from conventional recruitment tools is that users voluntarily upload their own information. Whether the purpose of a profile is to network with industry professionals, reconnect with old colleagues or to look for alternate employment, one’s résumé is largely in the public domain once it is on LinkedIn. This begs the question as to whether the mere posting of such information could be deemed by a court to be akin to an active search for employment, with any recruitment that followed being unlikely to be classified by a court as an inducement.
What factors would a court look at in assessing this question? Could outcomes be affected by the nature and frequency of a user's social media use? Or whether an online resume has been freshly posted or was of long history at the time of recruiter contact? What digital evidence might become critical in such a determination? Would a site like LinkedIn be seen as different from a Monster.com or Workopolis?