This brings us to the final phase of this series – meeting with your attorney. Having worked with many employees seeking to continue to work in their chosen field, but faced with a restrictive covenant, the initial meeting with the clients often runs the gamut of reactions
Time and Geography Terms in a Non-Compete – Are They Reasonable Restraints on Your Ability to Make a Living? (Part 2 of 3)
Time and geographical limitations must be based on your employer’s reasonable, protectable business interest. Even if a court were to hold that the employer had a protectable business interest and enforceable non-compete, you still have the ability to question the time and geographic terms of the restriction.
An Executive’s View Of Non-Compete in an Improving Economy (Part 1 of 3) : Considering a Lateral Move?
With signs pointing to an improving economy, businesses are looking for avenues of growth. One avenue is lateral hires of executives, a practice that substantially slowed during the cash strapped period of job insecurity known as the Great Recession.
The new federal overtime regulations take affect December 1, 2016. You should act soon to determine if the regulations affect your business.
I have faced a number of questions regarding the propriety of utilizing recording devices to memorialize conversations or events. One such question involved using a tape recorder to record interaction with a troublesome patient.
One of the most unique aspects of the HIPAA privacy regulations is the impact it has on the interaction between covered entities and the third parties that they contract with for the provision of their services.
The existence of the judicial doctrine of “common law marriage” has been recognized in Pennsylvania by statute. 23 Pa.C.S.A. Section 1103 (Common-law marriage) provides: “This part shall not be construed to change the existing law with regard to common-law marriage.”
Employee of Staffing Agency Can File a Discrimination Claim Against the Company to Whom He was Placed
Faush sued Tuesday Morning alleging race discrimination. In responding to the lawsuit, Tuesday Morning argued that it was not liable because Faush was not its employee.
Even though the number of charges filed with the EEOC/PHRC have fallen since 2012, there is a good chance an employer will have to respond to a charge of discrimination.
Federal Courts in Pennsylvania have given further interpretation to the evolving Family and Medical Leave Act (FMLA). Two recent cases have repercussions pertaining to use of vacation time and the applicability of the FMLA to a category of employees.
As a result of concern for abuse of tax-exempt status, the Internal Revenue Service has again become active in auditing trade associations, which include professional societies such as the Pennsylvania Dental Association and its district and local societies.
Your company has just received notice that a former employee has filed a charge of discrimination. You are shocked and angry about the charge.
With the divorce rate on a slow and steady increase across the country, the growing number of children born out of wedlock, and the increased willingness of individuals other than the natural parents to take over child-rearing responsibilities, children are becoming an increased focus of the Pennsylvania legal system.
The HIPAA privacy regulations were promulgated as a result of perceived abuses that were occurring with patients’ confidential information. These perceived abuses included the sale of patient health information for marketing purposes.
I represent insurance carriers before the Insurance Department. At times, requests for Hearings are made by insureds in non-renewal or cancellation cases, where the insurer believes they are right, supported by facts and prior administrative decisions