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.

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.

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.

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.

If 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 Law, serves 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.

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”.

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 Rendina, we 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.

There are many factors that enter into this decision. Some questions that indicate the telltale signs that you may need bankruptcy assistance would be:

• 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 Law. We 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.

Personal Bankruptcy recognizes two forms of debt. These forms are 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.

Unsecured debts are the most common debts and are typically things like credit cards and charges that retailers may extend. Most unsecured debts are dischargeable in bankruptcy and even judgments that may have been obtained by unsecured debtors may be discharged.

However, debts that are dischargeable depend on the type of bankruptcy filed; Chapter 7 or Chapter 13.

Chapter 7 liquidation allows discharge of personal debts and can permit a person to retain certain real and personal property such as houses, cars, and household goods and furnishings. An individual must qualify for a Chapter 7 by way of the “means test”, which is a measure of the median income level permitted to file.

Chapter 13 is a restructuring of one’s debts and requires the development of a payment plan to the court to repay the delinquency or a percentage of the debt to the creditors. Chapter 13 typically applies to individuals who do not qualify for a Chapter 7 due to a higher earned income under the means test and/or do not seek to prevent the loss of property such as their home or cars as may be required under Chapter 7 liquidation.

Some debts may not be dischargeable if the creditor objects during the bankruptcy process and submits evidence to the court that the debts you are seeking to discharge in bankruptcy fit the following categories:

• Debts from Fraud
• Purchase of Luxury goods 60 days prior to filing
• Cash advances obtained within 60 days after filing
• Debts from malicious and willful acts
• Debts from Divorce settlement or decree.

Learn more about whether you should file for Bankruptcy by referring to our previous post “When is Bankruptcy Necessary?“.

Contact us at the Law Offices of Rodriguez Rendina. We are ready to assist you in determining the option that best meets your needs and provides you with a new path to move forward with your life.

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.

Construction projects in the State of Connecticut come with their own set of standards and parameters that require careful compliance prior to and throughout a construction project.

The Prevailing Wage requirement is an excellent example. Prevailing Wage is the total base hourly rate of pay and fringe benefits customary for the same work in the same trade or occupation in the town where the project is to be constructed.

In the 1930’s, the federal government and 18 states, including Connecticut, adopted prevailing wage laws to ensure that the hourly wages commonly paid to construction workers in that area were maintained, and prevented the low bid requirements from reducing the market price for labor to levels that would disrupt the local economy.  Currently, there are 30 states with prevailing wage laws.

Upon the award of a contract in the State of Connecticut, the contractor certifies the pay scale that will be used by the contractor, and any subcontractors, for the work to be performed meets State requirements.

The prevailing wage law applies when:

• A remodel or repair project where the total cost of all work performed by contractors and subcontractors is greater than $100,000.
• New construction if all work performed is greater than $400,000.

(As always, current laws need to be reviewed for changes and clarifications.)

Since 1977, the Labor Commissioner in the State of Connecticut adopted and used the  prevailing wage rate determinations as made by the United States Secretary of Labor, under the provisions of the Davis-Bacon Act with amendments. For example:

• If a contract is advertised to bid on January 30, then the initial request for a prevailing wage rate schedule should be made no later than January 20 and no earlier than January 10 to comply with the law.
• Any initial prevailing wage rate schedule dated more than twenty (20) days prior to the advertise for bid date is no longer valid and must be updated.  The contracting agency can obtain updated rates by calling (860) 263-6549.
• Also, be aware that contracting agencies cannot use the Annual Rates downloaded from the DOL website in the initial bid package.  Annual Rates ONLY apply to ongoing projects and go into effect each July 1st. If the Annual Rates are improperly used in the initial bid package, the contracting agency may be subject to a financial liability if the correct rates are higher.

It is important to have an attorney that has a working knowledge of the varied trades and their responsibilities during a construction project in the State of Connecticut.

If you have questions regarding Connecticut Construction Law, we offer free initial consultation. Do not be caught unaware of your responsibilities in the State of Connecticut or by recent changes to State law. Contact us at Dominick Rendina, Attorney At Law.

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

• has never worked,
• has been in the work force only a short time,
• has worked only periodically.

In a previous Post on this Blog, we spoke about Social Security Disability Insurance (SSDI). SSDI provides monthly benefits to those that have worked but can no longer work because of injury or illness.

Supplemental Security Income (SSI) does not have the same strict income requirements as SSDI and can assist a person that has never worked or has only limited work history. SSI is a monthly benefit for persons who have limited income and resources.

The individual must be eligible for public assistance to receive SSI. The monthly benefit is a fixed amount, not based on work history or FICA premiums. If a person qualifies for SSI, that person is automatically eligible for Medicaid health care coverage. Qualifying individuals may also be eligible for Food Stamps in the State of Connecticut.

An Attorney can assist with the application process, provide information to SSA for the client’s application, receive information from SSA about the application, and review any denial with a plan for an effective appeal.

An Attorney with extensive experience in SSDI and SSI should be kept involved throughout the process. The Social Security Administration (SSA) will regularly re-evaluate eligibility for SSI benefits to make sure that the individual is still eligible and receiving the proper amount.

For more than 10 years,  Attorney Rodriquez has been focusing on helping eligible people with disabilities get the SSDI and SSI disability benefits they need. He has helped people with a wide variety of disabilities, including those that are difficult to prove meet SSI and SSDI eligibility requirements.

Call Attorney Victor Rodriguez for a Free Consultation at (203) 826-7996

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

Social Security Disability Insurance, commonly known as SSDI, provides monthly benefits to you if you can no longer work because of an injury or illness. Your disability must qualify under the Social Security Administration’s (SSA) definition. It can be a physical impairment or a mental impairment.

In the evaluation process, your ability to do the physical and mental activities that you were required to do in your past work are considered.

If 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.

The SSA will not consider your ability to adjust to other work on the basis of your age alone. However, in determining the extent to which age affects your ability to adjust to other work, they will consider advancing age to be an increasingly limiting factor in your ability to make an adjustment to other work.

If you are closely approaching advanced age (age 50-54), they will consider that your age, along with a severe impairment and limited work experience, may seriously affect your ability to adjust to other work.

They consider that being at advanced age (age 55 or older) significantly affects your ability to adjust to other work. They do have special rules for persons in this category who are closely approaching retirement age (age 60 and above).

If you are closely approaching retirement age (age 60 or older) and you have a severe impairment(s) that limits you to no more than light work, The SSA will find that you have skills that are transferable to skilled or semi-skilled light work only if the light work is so similar to your previous work that you would need to make very little, if any, vocational adjustment in terms of tools, work processes, work settings, or the industry.

It is your responsibility to see that the SSA gets the information they need to determine whether you are disabled. If you do not provide the information they need about your medical condition(s) and your work history, they will deny your claim for disability.

Work with an Attorney experienced with Social Security Disability Insurance and Supplemental Security Income.  Attorney Victor Rodriguez serves clients with special issues and complex illnesses and shares in the proud day when a client with a challenging case is finally awarded the SSDI and SSI benefits they deserve. He knows how important those benefits are to people unable to work. Call Attorney Rodriquez for a Free Consultation at (203) 826-7996

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

There may come a time when we are faced with a situation that we cannot handle on our own. So, how do we find the perfect attorney for our needs?

The selection process of the past was limited to the use of the phonebook or a directory to find a local attorney that listed the skill related to our legal need.

Or, we would rely on a referral, but sometimes would not follow through with our own due-diligence. This could be a mistake as we do not always have the same need or expectations as the person from which we received the referral.

We need to remember that we need to match the skill and perspective of the Attorney to our own legal and personal need. With the power of online search, from both our personal computers and our mobile devices, we can now do this effectively.

Steps to Take When Choosing and Attorney

You should review the Attorney’s Blog and online presence on Google+, Facebook, LinkedIn, Twitter, etc. This provides valuable insight into more than just the expertise of the attorney’s office, but, also the perspective and understanding that the attorney will bring to your case.

Traditional sources such as directories and referrals should be used together with the review of the online social presence of the Attorney to develop a complete picture.  All of this information together should be brought into the decision of which attorney to initially contact.

Another consideration in this process is the intangible aspect of personal compatibility. You want to choose an Attorney that you will feel comfortable in sharing personal information. This level of comfort can only be determined through personal contact.

After you have selected an Attorney through your initial review using online and traditional resources, call the Attorney of your choice with a set of questions pertinent to the needs of your case and your personal needs. Next, arrange an in-person consultation. At that point you should know that this is the Attorney you will want to engage.

At the Law Offices of Dominick Rendina, we provide a professional and accurate assessment as well as a practical resolution to your legal issues. Our dedication to quality, thorough understanding of the law and commitment to quality service, and individualized approach to each legal issue provides successful results for all of our clients.

We offer free initial consultation. Contact us at Dominick Rendina, Attorney At Law or call direct to (203) 542-7210.

Connecticut business entities require a registered agent to be assigned for purposes of designated service upon the entity.

This registered agent is an individual designated to receive communications regarding tax and legal documents. Registered agents are required by statute for both domestic and foreign corporations doing business in the State of Connecticut.

The appointment of the registered agent needs to be in writing and signed by the appointed registered agent. Each corporation that is required to file an annual report as provided in section 33-953 needs to continuously maintain a registered office in the State of Connecticut, which may be the same as any of its places of business, and a registered agent at the registered office. For specific provisions refer to Part V of the Office and Agent of the Connecticut Business Corporation Act

There was a recent Act that went into effect October 1, 2011 making a change to the Registered Agent provision in the State of Connecticut, CONNECTICUT BUSINESS CORPORATION ACT called PA 11-147—HB 6590.

As stated in The CONNECTICUT BUSINESS CORPORATION ACT;

§§ 12 & 23 — REGISTERED AGENTS CHANGING ADDRESS

Prior law required a registered agent changing his or her address or a registered agent of a foreign corporation changing his or her business office address to sign a statement manually or in facsimile and deliver it to the secretary of the state. The act allows any type of signature authorized under the act’s definitions.

For a registered agent of a domestic corporation changing his or her address, the law requires written notice to the corporation. The act requires the agent to sign the notice.

If you have questions regarding Connecticut business law, we offer free initial consultation. Do not be caught unaware of your responsibilities in the State of Connecticut or by recent changes to State law. Contact us at Dominick Rendina, Attorney At Law.

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