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.

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

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

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...

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.

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

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

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...

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.

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

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

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...