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Case: 

You are a vice president in a highly competitive field. Over the last four months, you have been trying to build a successful team that could move your major initiatives forward. However, you are not finding the great talent that you need. You know of two possible candidates, but they are still employed by your prior employer. You are at your wits’ end, and if you don’t make a hire soon, the project will fall behind the deadlines in your agreement with your partner. The only sticking point is that when you left your last company, you signed a Proprietary Agreement in which you made a commitment not to solicit any of their employees for a period of one year after you left. Four months are left on that agreement. You also reaffirmed these commitments when you left in your Separation Agreement. The Separation Agreement also states that if you violate the agreement you may be required to pay back your severance. You wonder if there are any opportunities to post the position on a social networking site like Facebook, LinkedIn, or Twitter knowing that both these possible candidates would more than likely see the posting. If your friends see that message and initiate the conversation, surely you cannot be accused of breaking your agreement. Or could you?

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