Protect What's Yours

Understanding Non-Competition Clauses in Contracts

Marcellino & Tyson — Mon, 19 Apr 2021 03:00:00 -0500

Competition is a big thing in the professional world — many employers don’t want former employees going to work for rivals. Non-Competition clauses are woven into contracts to prevent just that, and they can take many different forms.

Marcellino & Tyson Partners Matt Marcellino and Bryan Tyson chat with Business Development Director Maegen Becker and tackle the detail oriented world of Non-Competition clauses in this episode.

They each tackle a different side of the coin: Matt looks at the clause and its various types from the perspective of the employer, while Bryan takes the employee’s side. Together they unpack everything from Non-Solicitation to Confidentiality.

These clauses can have a serious effect on employment, including forbidding ex-employees from working in the same industry in the future. Understanding exactly what is expected of you as an employee or what to expect of your employees is critical to understanding any contract covenants. Matt and Bryan unravel the complexities of these with examples and insight from their many years working in the field of employment law.

The technological and economic landscape for employers and employees both has had an effect on Non-Competition clauses and agreements, especially in the era of COVID-19. People are working from home and some are coming up with ideas in their industry after work hours, but if they act on those ideas, are they breaking their contract?

It’s a complex issue, but Bryan and Matt are here to break it down for you. So if you’re an employer or an employee and need some clarification, look no further and have a listen.

⚖️ Featured Attorney ⚖️

Name: Matt Marcellino

What he does: As a Partner at Marcellino & Tyson, PLLC, Matt carefully guides his clients through the often-frustrating legal process. He has learned that honesty and respect are vital to your representation, but also recognizes that some cases, possibly yours, may need an aggressive approach.

Words of wisdom: “[A] contract is whatever you want it to be.”

Connect: LinkedIn

⚖️ Featured Attorney ⚖️

Name: Bryan Tyson

What he does: Being a Partner at Marcellino & Tyson, PLLC gives Bryan the opportunity to focus on employees rights, small businesses, and short and long term disability. If there’s help an employee needs, he is there to assist you. His goal is to take the stress out of the complex legal process and help clients in the most supportive and efficient manner possible.

Words of wisdom: “[T]he overarching thing that I would tell people: think, really think twice, about this from the beginning — not from the end.”

Connect: LinkedIn

🗝️ Key Points 🗝️

Top takeaways from this episode of Protect What’s Yours

➔ Time is the biggest player. Each type of covenant in a contract has one common denominator — time. This ranges anywhere from six months to forever, but always depends on the employer’s desires and needs.

➔ Understanding your contract is key. Everything is put into a contract for a reason, and both employers and employees need to truly grasp what is being included. These clauses may affect your business and personal life in the future.

➔ It’s all about what you know. As jobs in society have shifted from manufacturing to service-based, the true currency in businesses are ideas. Knowledge of what a business does, start-ups, and trade secrets. That’s what these clauses protect.

💡 Episode Insights 💡

[02:50] Multiple types of Non-Competition: What is often referred to as a Non-Compete can actually be a multitude of covenants in a contract, including Non-Solicitation, Non-Interference, Confidentiality, and Non-Disclosure agreements.

[07:56] Confidentiality clauses can last forever: You cannot disclose private or vital information that is integral to a company — ever.

[12:02] Plan ahead for enforceable clauses: If a Non-Competition clause will forbid you from working in the same industry for a time, plan and negotiate for that eventuality.

[14:13] You always have the power of negotiation: Matt breaks down the way you can negotiate Non-Solicitation clauses, especially if you have previous clients.

[21:45] Be wary of deceptive trade practices: Tortious interference is a malicious practice that can happen when there is an intentional attempt to get someone to not follow their contract.

[25:02] Who owns the information?: It’s a toss up. If an employee works for decades in a company, is their industry knowledge theirs? Or does it belong to the company? Matt and Bryan discuss.

[27:58] COVID-19 has made things more complicated: Do the ideas you think of at home remotely after hours belong to the company or to you?

[33:40] Contract clauses in the media: Maegen asks Bryan and Matt about their favorite movies or events in pop culture that feature Non-Competition and other clauses.

About Marcellino & Tyson and Protect What’s Yours

★ Subscribe to Protect What’s Yours in your preferred podcast app.

Marcellino & Tyson is a trusted Charlotte, NC-based law firm, providing representation in the practice areas of Family Law, Business & Employment Law, ERISA Disability Law, and Civil Litigation. Our attorneys are highly experienced in ERISA litigation with a successful track record helping clients get the benefits they deserve. We are also known for defending the interests of our clients in family law-related issues.

The insights and views presented in Protect What’s Yours are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning in to this podcast constitute an attorney-client relationship of any kind.

How a Parenting Coordinator Can Help Your Custody Arrangement

Marcellino & Tyson — Fri, 19 Mar 2021 09:45:00 -0500

Dealing with custody is never easy, and when your thoughts on raising a child don’t align with the other parent, it can become a nightmare. Thankfully, you don’t have to go to court for everything, there’s someone who can aid you.

When it comes down to parents who aren’t getting along or are having a particularly nasty divorce and high-conflict custody case, a Parenting Coordinator is often appointed to help couples mediate. Parenting coordinators can serve you in a multitude of ways, from assisting parents on the healthcare management of their children to agreeing on how to discipline across households.

In this episode hosted by Marcellino & Tyson Business Development Director Maegen Becker, attorneys Jennifer Moore and Danielle Walle talk about their experiences as Parenting Coordinators and offer examples of situations they have encountered in their work.

Not seeing your child every day is painful, and not agreeing with how your ex-partner is raising them can create a whole host of issues and resentment. That emotion coupled with the pain of divorce can make many parents resistant to working with a third-party. However, both Jennifer and Danielle hammer home that they always hope a Parenting Coordinator is temporary — a guide to a healthier bridge between households.

So have a listen and see if a Parenting Coordinator can benefit you and your child.

⚖️ Featured Attorney ⚖️

Name: Jennifer Moore

What she does: As a Partner at Marcellino & Tyson, PLLC, Jennifer has a passion for family law that stems from personal experience. As the child of divorced parents, she understands the struggles better than anyone. She also knows how to delicately handle family law so everyone comes out stronger and happier.

Words of wisdom: “[T]he PC ... can really dig into who these people are, what this child needs, and what makes the most sense and come up with some detailed rules and boundaries and choices for these people to help reduce the conflict and really do something applicable just to them.”

Connect: LinkedIn

⚖️ Featured Attorney ⚖️

Name: Danielle Walle

What she does: As an Associate Attorney at Marcellino & Tyson, PLLC, Danielle knows what it takes to resolve high-conflict custody cases. Her experience and accolades give her the upper hand when it comes to mediation and settlement, and always working in the best interest of the child.

Words of wisdom: “It's about how do you balance the law and what the law says you need to do with the interpersonal relationship between a mother and a father who are trying to co-parent but don't get along and don't trust one another.”

Connect: LinkedIn

🗝️ Key Points 🗝️

Top takeaways from this episode of Protect What’s Yours

➔ Parenting Coordinators are a key service and role in family law. Not only are they highly skilled and properly trained in both law and mental health, but Parenting Coordinators offer ex-partners the ability to mitigate further frustration of an already difficult situation.

➔ High-conflict custody cases almost always need a PC. When it comes to ex-partners distrusting one another, divorce proceedings involving children can become very abusive. Parenting coordinators are needed to help these parents work past their distrust of one another for the benefit of their child.

➔ There are lots of reasons for a PC. Parenting Coordinators can help parents in many ways, from changing transition times to helping facilitate which school a child will attend to making diet choices. Overall, they are there to facilitate communication where none is productively happening. It’s cost-effective too — they’re cheaper than a lawyer.

💡 Episode Insights 💡

[01:26] PCs are a mix of lawyers and mental health professionals: The attorneys break down what a Parenting Coordinator does and the qualifications needed to achieve that role. Lawyers are given mental health training and vice versa.

[03:18] Bypass the courts and lawyers: Whenever there is a case where the parents are just coming to an impasse regardless of what they do, they can hire a Parenting Coordinator to help them — instead of calling their lawyers constantly.

[09:15] COVID-19 has made using a PC more necessary: The pandemic has only made these difficult situations more strenuous on parents — particularly among those with front-line jobs.

[15:18] Resentment can cloud your judgment: If you find yourself holding onto a small incident that has just manifested over time, it may be time for a PC to step in.

[16:48] The decision-making process: When a conflict arises, the PC gathers information before making a decision that is shared with both parents. Danielle highlights the challenges that can arise.

[20:07] PC economics: Jen discusses how PCs are paid and why it’s a cheaper option than involving an attorney.

[22:00] Hiring a PC: Danielle breaks down the process of bringing a PC into the mix and how it differs depending on whether there is disagreement about whether to involve a PC. Then Jen describes how PCs work with attorneys.

About Marcellino & Tyson and Protect What’s Yours

★ Subscribe to Protect What’s Yours in your preferred podcast app.

Child Custody and COVID-19: What You Need to Know

Marcellino & Tyson — Fri, 11 Dec 2020 03:00:00 -0500

2020 has been a challenging year for everyone, but it has been particularly challenging for divorced parents trying to navigate the complexities of custody arrangements.

In this episode of Protect What's Yours, Family Law attorneys Matt Marcelino and Jovanna Mastro discuss some of the main concerns parents have regarding custody during COVID-19.

According to Matt and Jovanna, one of the main concerns for parents is keeping their child from being exposed to COVID-19, particularly when they are with the other parent. With this in mind, communication is key to successfully managing court-ordered custody arrangements. While parents still need to follow custody orders, if they are concerned about who their child might potentially come in contact with, they need to talk to the other parent.

In this episode, Matt and Jovanna highlight how COVID-19 is forcing more interaction between divorced parents. Virtual schooling has removed the option for parents to use the school drop-off and pick-up as the official exchange point. Parents need to adapt the way they co-parent by taking into account their child's needs and creating a new plan for how they will adhere to any court orders in place.

⚖️ Featured Attorney ⚖️

Name: Matt Marcellino

What he does: As a Partner at Marcellino & Tyson, PLLC, Matt carefully guides his clients through the often-frustrating legal process. He has learned that honesty and respect are vital to your representation but also recognizes that some cases, possibly yours, may need an aggressive approach.

Words of wisdom: "If you're not able to care for yourself, and the child shouldn't be in your house — that's a no brainer."

Connect: LinkedIn

⚖️ Featured Attorney ⚖️

Name: Jovanna Mastro

What she does: As an Associate Attorney at Marcellino & Tyson, PLLC, Jovanna understands there isn't a one-size-fits-all solution when it comes to divorce and custody, and she values the importance of conflict resolution.

Words of wisdom: "If you haven't figured it out by now, communication is key to dealing with [COVID-19] because it is unprecedented. And these court orders don't take into consideration a global pandemic."

Connect: LinkedIn

🗝️ Key Points 🗝️

Top takeaways from this episode of Protect What's Yours

➔ Communication is key to successful co-parenting. The last thing some parents want to do is deal with their ex-partner, but COVID-19 has other plans. To keep your kids safe and happy, you need to open the lines of communication and talk about how you will manage court-ordered custody arrangements during the pandemic.

➔ You still need a valid reason or an emergency to withhold custody. Simply fearing your child might be exposed to COVID-19 if they go to the other parent's house is not a valid reason for withholding custody. Unless the court order says otherwise, you still need to follow to the best of your ability, and that includes exchange times.

➔ The world might have changed, but the law has not. To make any changes to your custody arrangement because of COVID-19, parents will still need to prove that there has been a substantial change and it's in the best interest of the child to modify the current arrangement.

💡 Episode Insights 💡

[02:16] Safety concerns need to be COVID-19 related: The attorneys discuss how any concerns for the child's safety need to be legitimate. Simply not knowing what they are doing while in the care of the other parent isn't enough if they have been deemed fit through a court order.

[03:35] Use sound reasoning to go about daily life: Parents need to be open about how they are going about their daily life, whether they have the ability to work from home, and going to get tested if they feel unwell.

[13:52] Do what's best for the kids: If the exchange time or location no longer makes sense, talk to the other parent and agree on a more suitable time or place. If you can both agree to do something different, that works perfectly fine

[17:20] COVID-19 alone won't change your custody agreement: If you plan to make any COVID-19 related changes to custody arrangements permanent — think about how it will be received by the court. Everyone is in this pandemic together, and you need more than just COVID-19 as a reason to modify custody arrangements and potentially take time away from the other parent.

About Marcellino & Tyson and Protect What's Yours

★ Subscribe to Protect What's Yours in your preferred podcast app.

The insights and views presented in Protect What's Yours are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning in to this podcast constitute an attorney-client relationship of any kind.

What You Need to Know About Filing Bankruptcy: A Mock Consultation with Attorney Danielle Walle

Marcellino & Tyson — Thu, 24 Sep 2020 12:30:00 -0500

Scary. Stressful. Embarrassing. These are just a few of the words clients use to describe bankruptcy. These are just a few reasons why, when facing economic hardship, people often wait longer than they should to consider bankruptcy. When it comes to Bankruptcy, knowledge is power. The more you understand the process and your options, the better prepared you will be to make the right decisions for your long-term financial security.

On this inaugural episode of Protect What’s Yours, attorney Danielle Walle conducts a mock bankruptcy consultation to provide insight into what prospective clients can expect, and highlights key issues and information likely to be addressed in a real consultation. (1:02)

In this ‘consultation,’ Danielle interviews Sarah, a single mother overwhelmed with her financial situation, worried about providing for her son, and ready to weigh her options. Sarah is recently divorced and has substantial unpaid credit card debt, which has resulted in a lawsuit. She also has a number of additional expenses that leave her with little remaining cash at the end of the month to pay her mounting debts.

Key takeaways from the mock consultation:

Overview of client’s expenses, debts, past due bills, purchases, income, and marital status. Some questions reviewed in this step include identifying large expenditures made in the last several months as well as valuable personal items the client owns. Because your debts, expenses, and property will become part of the court record, it’s critical to be forthright with your attorney in a consultation.
Danielle explains the difference between filing for bankruptcy under Chapter 7 and Chapter 13.
At the conclusion of the consultation, Danielle will follow up with an email outlining everything discussed during the consultation, including Danielle’s recommendations. Sarah may then decide what course of action she would like to take. (27:07)
If Sarah decides to move forward with bankruptcy, she will need to sign the attorney-client contract and pay the firm’s retainer fee.
Sarah will then have homework; she will need to gather all of the documents that Danielle requests, and then she will be asked to complete an additional online questionnaire through the firm’s online portal. (29:49)
Sarah’s case is now ready to be filed within 30 days.
Sarah and Danielle will review the case together to ensure accuracy.
Danielle will file the case with the federal court.
Thirty days later, Danielle and Sarah will attend a meeting with a trustee, known as a 341 meeting. The trustee will review her disclosures and the accuracy of her information.
After reviewing the information, the trustee will send a letter to her creditors outlining the remaining assets, or lack thereof. (36:13)
If Sarah has no assets, there will be a report to her creditors that there are no assets and they will receive no distribution.
The next step is for Sarah to get a court order from the federal court judge saying that all of her debt is discharged.
Marcellino & Tyson closes the case and sends Sarah a packet that says, “Congratulations, you’re debt free!” We also provide Sarah with helpful information to move forward, including recommendations on how to rebuild her credit. (37:34)

By the time you’re considering bankruptcy, emotional and financial stress has likely been slowly closing in on you for months or even years. We see it every day, and we’re here to relieve that pressure and help you get your life back on track.

“Bankruptcy is a really good thing. Not only is it moral because it’s got a biblical basis; it’s got a constitutional basis, it’s ethical, it’s legal. I know that you feel guilty, and I’ll tell you that I have lots of clients who struggle with guilt until the minute the case is filed. And then, as soon as we push that button, that weight lifts off your shoulders.” (49:13)

- Attorney Danielle Walle

For more information on Marcellino & Tyson’s bankruptcy services or to schedule a consultation, visit www.yourncattorney.com.

The insights and views presented in “Protect What’s Yours” are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning in to this podcast constitute an attorney-client relationship of any kind. If you’re ready to protect what’s yours, contact Marcellino and Tyson today.

Protect What's Yours: A Podcast From Marcellino & Tyson

Marcellino & Tyson — Fri, 11 Sep 2020 03:00:00 -0500

Welcome to Protect What’s Yours, a podcast from Marcellino & Tyson, where we’re providing timely insight into legal issues for your personal and professional needs. Join us for in-depth discussions inside our practice areas of Family Law, Business and Employment, Unemployment, ERISA, Disability Claims, Workers’ Compensation, Civil Litigation, Bankruptcy, and more.

Based in Charlotte, North Carolina, we are known for defending the interests of our clients in family law-related issues. When you need a divorce lawyer, child support lawyer, or alimony lawyer, your first choice should be Marcellino & Tyson. Our business dispute attorneys help companies in North and South Carolina to both avoid and resolve legal issues. When you need an experienced non-compete or NDA lawyer to draft important employment contracts, we have you covered.

We know you have questions and concerns, but more importantly, we know that you are seeking guidance to help get you through this process. At Marcellino & Tyson, we’re focused on protecting the interests of our clients and providing the outcomes they deserve. It’s time to take the fear and uncertainty out of your legal situation.

For more information on our firm and practice areas, visit yourncattorney.com, and one of our experienced team members will reach out to you and help guide you through your upcoming legal process.