Posted by: Dominick Rendina, Attorney At Law | April 13, 2012

Considerations Regarding Non-Solicitation Agreements

Covenants Not to Solicit

Covenants not to solicit are specific agreements whereby a person agrees they will not solicit or hire employees of his or her prior employer, or agrees not to solicit or enter into a contract with his prior employer’s clients and/or customers.

  • Non-Solicitation of Employees
  • Non-Solicitation of Customers, Customer Prospects, and Vendors

As with non-compete covenants, correctly drafting a non-solicitation covenant is key to enforceability should the employer require to take this action in the future.

Dominick Rendina, Business Law, Connecticut

If you choose to mandate the signing of a non-solicitation agreement for new hires, you should disclose early in the interview process that a non-solicitation clause is a requirement of the job to avoid any perception of coercion. The employee should have an opportunity to factor this information into the decision to accept or refuse the employment offer.

A non-solicitation agreement must be drafted carefully to ensure that they will be enforceable and prevent language that may result in a court disqualifying the agreement.

A business should hire an attorney to draft the non-solicitation agreement so that the needs of the business are specifically addressed and enforcement is most likely to be upheld. You should also consult an Attorney to ensure that you understand the situations when the non-solicitation agreement may not be enforceable and to develop the proper process for presenting the non-solicitation clause during the hiring process.

Rodrigues Rendina, Attorneys At Law

At the Law Offices of Rodriguez Rendina, we will work side by side with you to prevent or minimize time in court and to assist in resolving disputes if they do arise.

Information in this post should be confirmed through an attorney and is for informational purposes only.

Posted by: Dominick Rendina, Attorney At Law | March 30, 2012

Disability Insurance Programs and How They Differ

Disability Insurance Programs

ERISA, SSDI, SSI

If you become disabled, you should be aware of where you can turn. Your current and past work situation impacts the direction you should take. We will briefly discuss three of the most common alternatives;  ERISA, SSDI, and SSI.

ERISA

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for pension plans in private industry. Group disability insurance plans provided by employers fall under ERISA.

Disability Insurance, Attorney Victor Rodriquez, Connecticut

The eligibility for long-term disability regulated by ERISA can be very similar to eligibility requirements set by the Social Security Administration’s (SSA) and are found in SSDI, mentioned below. Since these policies are set by private insurers and your employer, however, it is important for you to know the eligibility requirements are specifically stated in your policy.

SSDI

The Social Security Disability Insurance (SSDI) is ultimately funded by Social Security taxes. So, any person that has paid into Social Security may be eligible for SSDI if they become disabled.

SSDI provides monthly benefits to you if you can no longer work because of an injury or illness. Your disability must qualify under the SSA definition.

Victor M. Rodriguez, Esq., Attorney At Law, ConnecticutIf the SSA decides you cannot do the work you did before, they consider your remaining ability to do other work considering your age, education and work experience. They assess these factors, along with your capacity to work, to determine if you can be expected to adjust to other work that exists in the national economy.

Those that are advancing into their senior years are asking if the SSA considers age in their assessment. You can learn about this subject by referring to our previous Post called Considerations for People Over 50 When Applying for Social Security Disability Insurance.

SSI

The Supplemental Security Income (SSI) is ultimately funded by general tax revenues. SSI is available for those with disabilities that have never worked, or worked very little, and have limited income or assets.

There are strict income limitations — you must be eligible for public assistance to receive SSI. The monthly benefit is a fixed amount, not based on your work history or FICA premiums. If you qualify for SSI, you are automatically eligible for Medicaid health care coverage. To learn more about SSI, refer to Disability Benefits for People That Have Never Worked or Worked Very Little.

Contact and Attorney

Work with an Attorney that understands the complexities of these programs. Rodriguez Rendina, Attorneys At Lawserves clients with special issues and complex illnesses and shares in the proud day when a client with a challenging case is finally awarded the benefits they deserve. They know how important those benefits are to people unable to work. Call (203) 826-7996 for a Free Consultation.


Posted by: Dominick Rendina, Attorney At Law | March 19, 2012

Time is of the Essence Provision in a Construction Contract

Time is of the Essence Provision

When a timely completion of a construction project is important, the construction contract may include some form of a scheduling requirement. The more sophisticated the project, the more likely the project timeline commitments will be specifically stated in the agreement.

This contractual provision is commonly referred to as “time is of the essence”.Construction Law, Dominick Rendina, Attorney At Law, Connecticut

The level that a court will enforce a “time is of the essence” provision will depend upon several factors, such as the intent of the parties based on the language used in the contract and the circumstances of the event.

For instance, when a time delay causes loss of performance it can cause irreparable damage in lost profits. Immediate action is necessary to resolve the issues that cause such delay in order to mitigate loss of time and achieve the calculated profits.

A factor that may be consider could be ‘Changed Conditions’. This can arise on construction projects  from issues that were not known or disclosed at the time the parties entered into contract. These issues can arise from several factors such as subsurface obstructions or other hidden conditions or unknown factors that can substantially interfere with a contractor’s ability to perform.

Also, there may be scheduling changes or conflicts that directly affect a party’s performance and the ability to properly allocate manpower in an efficient manner. A simple unanticipated change in a project can disrupt the balance and timing that may affect several construction parties. These issues become more complex, for example, when a party who is contracted in multiple unrelated projects suddenly experiences the imbalance of a single schedule change in one project that can cause a devastating economic ripple effect in the other unrelated projects. Even the smallest of these types of issues require immediate legal attention to minimize the financial hemorrhaging that accompanies lost time on a construction project.

Whether you are an owner, contractor, subcontractor, design professional, developer or material supplier, you need an Attorney who can understand your specific construction profession and negotiate and draft contracts accordingly.

At the Law Offices of Rodriguez Rendinawe are prepared to examine all available construction law options to best prepare your business for issues that may arise and protect your business and its rights when they do.

Information in this post should be confirmed through an attorney and is for informational purposes only.


Posted by: Dominick Rendina, Attorney At Law | March 15, 2012

Considerations Before Filing Bankruptcy

Is Bankruptcy Necessary for Me?

There are many factors that enter into this decision. Some questions that indicate the telltale signs that you may need bankruptcy assistance would be:Bankruptcy, Debt Relief, Rodriguez Rendina, Attorney At Law

  • Are there pending events that will cause severe harm to your financial future.
  • Are you at risk of a pending foreclosure, bank execution or lawsuits?
  • Are you the guarantor of debt that is past due?
  • Are your personal needs being impacted by minimum credit card payments.

And then there is the stress of being unable to make payments when due? The psychological effect of not being able to meet your financial commitments is also a factor in the decision.

Who Will Know If I File Bankruptcy

Bankruptcy is a public filing. Ultimately, if someone wants to find out about your filing they can through a public record or internet search.

However, friends, family, and even employers that are not part of the bankruptcy, will not receive notice that you have filed. Creditors are not permitted to contact third parties about your debt. This means they cannot contact your friend, neighbors, family or employers in any way related to your debt and this would apply to your filing of bankruptcy.

What Effect Does Bankruptcy Have On My Debt

Personal Bankruptcy recognizes two forms of debt: secured and unsecured.

Secured debts are those protected or guaranteed by some form of collateral, usually another property such as a car or home. An unsecured debt has no collateral or lien to protect the creditors from the debt you owe if you should default.

However, some debts may be dischargeable and, in addition, depends on the type of bankruptcy filed; Chapter 7 or Chapter 13. For more information, refer to our previous post Effect of Bankruptcy on Your Debt.

What If I Don’t File Bankruptcy?

A creditor that does not receive payments from you can, and will, sue to collect their money. The creditor will go to court and seek a judgment to seize your assets or garnish your wages to satisfy the judgment.

If you have acted in time and your creditors have not yet sued you, they cannot attach your assets or garnish your wages to extinguish your debt. You cannot be jailed for non-payment and you cannot be forced to pay money that you do not have. To better understand your options refer to our previous post What Happens If I Don’t File Bankruptcy?

Contact a Designated Debt Relief Agency

Call us at Rodriguez Rendina, Attorneys At LawWe will share our extensive experience to help you make an informed decision. We will address your situation with objectivity and compassion to help you clearly see your available choices.

Rodriguez Rendina, P.C., Attorneys At Law, is a federally designated Debt Relief Agency as defined in the 2005 amendments to the US Bankruptcy Code. This law firm provides legal advice regarding the filing of bankruptcy and represents individuals and businesses in filing for bankruptcy relief under the US Bankruptcy Code.

Information in this post should be confirmed through an attorney and is for informational purposes only.

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