 |
| Things not looking up.... |
 |
| Not Right |
UPDATE: Extension to be approved.
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Time Running Out for Federal Extension of Unemployment Benefits
As reported in the attached article from Huffington Post, Congress is not scheduled to meet again until this Sunday, December 30. Unfortunately, by then federally subsidized long-term unemployment insurance will have lapsed - the extension period expires at Midnight on Saturday December 29.
It's a darn shame that Congress has not made this a more primary issue. To just let the extension lapse, without debate, discussion or public comment, is simply wrong.
Maybe a "miracle" will happen, but it is not looking good for the approximately 2 million people currently receiving these benefits. Moreover, there are millions more nearing the end of their state benefit period of 26 weeks who were, I am sure, hoping (and planning, most likely) that extended benefits would be there for them so that they would have at least another 6 months to find a job.
UPDATE: Extension to be approved.
UPDATE: Extension to be approved.
Video: What is Willful Misconduct Under Pennsylvania Unemployment Law?
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
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CORRECTION: Mayans NEVER Predicted World Would End Today
Click on this 2 minute Video, and you will see an expert on Mayan culture, Tulane Professor/Archeologist Marcello Canuto, explain that the Mayans never predicted that December 21, 2012 was the World's expiration date.
While it IS true that thousands of years ago the Mayans specifically identified today's date on at least two known artifacts (which is freakky, under any circumstances), Professor Canuto states that all the Mayans were predicting was that the World would be in existence today! Ohhhhhh!
Great, so now I do have to do my Christmas shopping. Super. Probably have to shovel 2 feet of snow this winter, too....
 |
| Oh...its not "will end" - its "will exist".... |
Great, so now I do have to do my Christmas shopping. Super. Probably have to shovel 2 feet of snow this winter, too....
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
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Federal Unemployment Extension Benefits Set to Expire December 29, 1012, Unless....
WILL I STILL BE ENTITLED TO RECEIVE EXTENDED UNEMPLOYMENT BENEFITS IN 2013?
No, not unless something is done, and done quickly. Federal unemployment insurance, which kicks in for workers when their state benefits are exhausted after six months, is scheduled to expire on Dec. 29. The National Employment Law Project, a worker advocacy group, estimates more than 2 million Americans will immediately stop receiving the benefits unless Congress acts.
Ouch!
Not only with the expiration of benefits result in immediate loss of benefits to the estimated 2 million folks referenced by NELP, but millions more who are currently on unemployment and counting on an extension when their state benefits expire will be facing even more significant economic trauma in 2013.
The Republicans are trying to leverage their tax plan against the President's belief that
extended unemployment benefits are required irrespective of the outcome of the tax increase debate
.
It will be interesting - let's call it a morbid curiosity - to see how this turns out.
Stay tuned, and Happy Holidays to All.
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
 |
| Can He Get Benefits Extended? |
Ouch!
 |
| House Speaker John A. Boehner |
The Republicans are trying to leverage their tax plan against the President's belief that
extended unemployment benefits are required irrespective of the outcome of the tax increase debate
.
It will be interesting - let's call it a morbid curiosity - to see how this turns out.
Stay tuned, and Happy Holidays to All.
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
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Adam Lanza's Motive? Mother In Process of Having Him Committed
Adam Lanza Reportedly Enraged That Mother Was Seeking to Have Him Committed
 |
| Nancy Lanza |
 |
| Adam Lanza |
The HuffPost article contained some other interesting information I had not heard before:
"Nancy Lanza reportedly volunteered with kindergartners at the school for several years. Flashman said that Adam "believed she cared more for the children than she did for him." On the day of the massacre, Nancy was Adam's first victim. Flashman told Fox News that Nancy was also good friends with the school's principal and psychologist, both of whom were killed during the incident.
Lanza had also reportedly cut off communication with his father, Peter, in 2010."
I have a few thoughts on this.
One, this motive "makes sense", and that helps me because I need to make sense out of this insanity.
Two, Nancy Lanza should have taken all of her guns out of the house if she knew her son was very angry about the possibility of being committed. It should not have been beyond the pale of her reasoning to expect that her son might respond violently, if to no one else other than herself, if he was indeed very angry about her plans. The fact that she apparently believed he was mentally ill to such an extent that she was willing to give up her custodial role, one that she by all accounts took very seriously, only buttresses my belief in this regard.
Reportedly, Adam Lanza had never been violent, despite his problems, so doesn't it make sense that he was demonstrating some significant change of behavior that caused her to seek his commitment? And, doesn't it make sense that maybe, given his habit of locking himself in a windowless room in the basement of their home playing "Call of Duty" from morning to night, that the change she saw that caused her to seek his commitment was a shift towards violent tendencies? If so, and Nancy Lanza saw the anger of her her theretofore placid son further escalate once he learned that she was seeking to have him committed, should she not have removed her guns from their household? Isn't that what you would do? Don't you think this idea crossed her mind, and maybe more than once? Did Nancy Lanza's apparent "survivalist" agenda subsume any instinct she had to remove her guns from the house? Can such "fanaticism" ever be a good and rationale thing?
 |
| What Happened to This Child... |
Finally, the murderer had spoken to neither his Father nor his Brother since 2010. For a boy to be estranged from his Father and older Brother suggests the boy may have a very deep problem, particularly where, as here, they appear to be "normal" while he was clearly not. Meanwhile, his Mother taught this obviously troubled boy/man how to master firearms. Say what you want, but had she, say, taught him how to master fishing, cooking, flying RC airplanes or to drive a race car, maybe this tragedy would have been avoided.
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
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Best Companies to Work For - 2012
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
Thanks for checking in with us.
Click Here to see Fortune's entire list.
Here is Fortune's Top 50:
COMPANY 2012 JOB GROWTH # OF EMPLOYEES
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How to Spot a Bad Boss During an Interview
In this article by Stephanie Christensen, published at Forbes.com, provides some insight on how you can spot a "bad boss," before you have even started working for him/her.
A synopsis of Ms. Christensen's tips are as follows:
1. Pronoun usage. See how the interviewer uses "we", "I" and "you" during the interview. This will help tell you if the boss is a "blameshifter."
2. If you feel the interviewer is probing too deeply into your personal life, be careful. That is really neither necessary or appropriate during an interview.
3. If the interviewer routinely interrupts your session to check e-mail, answer the phone, send a text, be wary.
4. If the answers to your pointed questions are vague or non-responsive, you may be dealing with an evasive person.
In the end, be careful not to "rush into the arms" of a "rebound lover" if your Spider-Sense tingles during the interview. Just as one cannot change one's spouse, one cannot change one's boss.
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
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Is Your Boss a Bad Person - or Just a Bad Boss?
What Can an "Employee at Will" Working in Pennsylvania do to Cope With and Fix a Sour Relationship With the Boss?
If you are an Employee at Will in Pennsylvania, you basically have no protection from being mistreated by your boss, or from being fired, if the reason for the boss's action is just plain old fashioned favoritism (of another employee) or dislike (of you).
I see so many clients who are in the unfortunate position of being "on the outs" with their boss, and at a loss on what to do about it. So, when I read this article by Alan Henry on LifeHacker.com, regarding how to cope with job-related stress, I was curious about any additional perspectives on how one should/could deal with this type of problem.
I really like what they have to say, so I have posted it and hope that you find it helpful and informative too.
A brief synopsis of Mr. Henry's advice:
1. Determine if the boss is a jerk, or just a bad manager.
2. Determine if you are or may be the problem or part of the problem;
3. Do not expect "respect" from your boss; otherwise, you will often be disappointed, which in turn often will lead to additional problems.
4. Examine and implement "coping mechanisms."
5. Undertake tactics designed to bring you and your boss "closer together" (this often requires a little "humble pie." However, keep in mind that your "principles" do not pay the rent.)
6. Mr. Henry suggests that, "if all else fails, quit." On this score I disagree. Never quit until you have a new job. If you quit because the boss is a jerk, you will almost assuredly NOT get Pennsylvania Unemployment Benefits.
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
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Neil Armstrong's financial planning tip...
Neil Armstrong's financial planning tip...
Apollo insurance covers:
Neil Armstrong led the historic voyage into the space way back in 1969, but his mind was filled with the worries about his family's finances in case of his absence due to a mission failure... And the crew could not afford life insurance with their federal salaries.
What did they do to protect their families?
So about a month before they were set to take off to moon, Neil Armstrong, Michael Collins and Buzz Aldrin got themselves locked into a room and started signing hundreds of autographs on envelopes with space images, which can become financial valuables for their families just in case if the mission perishes their lives.... They are now referred as Apollo Insurance covers....
Now, most of us are financially well off and need not think of such ideas to protect our families. All one needs to do is to spend Rs 5** a day to protect one's family....
Protect your family right now....
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The Worst Predictions of All Time!
Here are some of my favorites, as per Mr. London's article:
 |
| Uh, Mr. President..... |
 |
| Reisman Never Saw This Coming... |
Social scientist David Riesman declared, in 1967, "If anything remains more or less unchanged, it will be the role of women." |
| Nowhere Man?! |
 |
| Let's Just Stick to Telegrams... |
"This telephone has too many shortcomings to be considered as a means of communication," said the president of Western Union in 1876. "The device is of inherently no value to us."
The president of Michigan Savings Banks advised Henry Ford’s lawyer not to invest in the Ford Motor Company because, he said, "The horse is here to stay, the automobile is a novelty."
 |
| Like a Pet Rock.... |
Darryl Zanuck observed, in 1946, "Television won’t last because people will soon get tired of staring at a plywood box every night."
 |
| BORRRR-INGGGG.... |
"Heavier-than-air flying machines are impossible," said Lord Kelvin, president of the British Royal Society and one of the nineteenth century’s greatest experts on thermodynamics.
 |
| Na na na na na, Pops! |
"A rocket will never be able to leave the earth’s atmosphere," stated the New York Times in 1936.
 |
| Prepare to be Amazed! |
"Space travel is utter bilge," said a British astronomer in 1956.
"There is no likelihood man can ever tap the power of the atom," said Nobel Prize-winning physicist Robert Milliken in 1923.
 |
| Trisk, Trisk.... |
The chairman of IBM said, "I think there is a world market for about five computers," in 1943.
"There is no reason for any individual to have a computer in his home," said the president of Digital Electronic Corporation in 1977.
In 1929, Yale economist Irving Fisher said, "Stock prices have reached what looks like a permanently high plateau." Two weeks later, the stock market crashed.
 |
| How About $Millions? |
 |
| or Else Become an Icon.... |
 |
| Right, then.... |
"We will bury you," predicted Nikita Kruschev in 1958.
Which one is your favorite?
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What can Rs 5 get you?
Rs 5 per day** can get you a cover for your health care costs:
**For an individual aged 35 for 1 lac health cover.
All one needs is just Rs 5 per day ** to ensure basic personal health cover.... And Rs 5 these days get nothing substantial for us. Think about it.
Wide variety of features in health insurance plans give you useful options for the entire family:
- Exclusive senior citizens' plans with and without medical tests.
- Maximum cover can go upto 50 lacs.
- No upper limit in entry age.
- Single cover can cover three generations of one family (Grand parents, children, in-laws, grand children).
- Periodic free health check up.
- Life long renewal.
- Special discounts in premiums.
- Tax benefits under Section 80D upto premiums payable upto Rs 35,000.
Health care costs are sky rocketing....
If, cost of a major surgery is now Rs 5 lacs, can you imagine what can the same surgery cost after 10 years???
Rs 31 lacs
A whopping 31 lacs for the same surgery which may cost Rs 5 lacs. That's the effect of rising costs of health care.
Call 9 55 11 55 11 6 for suitable health insurance plan.
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"Headhunters" and Non-Compete Agreements in Pennsylvania - Some Things to Keep in Mind
Human Resource Recruiters in Pennsylvania Are Usually Bound by Non-Compete Agreements
Yet, the personnel recruitment industry is a highly fluid one wherein recruiters frequently move from job to job on a regular basis. How may one retain one's freedom to choose a new employer or business endeavor when one has executed a seemingly airtight non-compete agreement?
Click Here to read our recent discussion on this issue, which includes links to other Posts on a variety of related topics.
I am John A. Gallagher, a non-compete employment lawyer with 21 years of experience located in Paoli, Pennsylvania. Call 610-647-5027 for a free telephone consultation, or send me an e-mail.
Yet, the personnel recruitment industry is a highly fluid one wherein recruiters frequently move from job to job on a regular basis. How may one retain one's freedom to choose a new employer or business endeavor when one has executed a seemingly airtight non-compete agreement?
Click Here to read our recent discussion on this issue, which includes links to other Posts on a variety of related topics.
I am John A. Gallagher, a non-compete employment lawyer with 21 years of experience located in Paoli, Pennsylvania. Call 610-647-5027 for a free telephone consultation, or send me an e-mail.
You have read this article with the title 2012. You can bookmark this page URL http://clapclapclappp.blogspot.com/2012/08/and-non-compete-agreements-in.html. Thanks!
The Wizard Will See You Today - Anyone Can File a Lawsuit
In Pennsylvania, Anyone is Allowed to File a Lawsuit for Any Reason
To a lawyer, what I am about to say is axiomatic.
For most of my clients, what I am about to say causes an "Aha" moment.
Here we go:
1) No Civil Police
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| The Police Will Not Stop... |
Fact: There are no civil police that you can call if you believe you are being subjected to behavior that is unlawful according to civil laws.
 |
| ...this Type of Behavior |
Compare: If a burglar is in your house, and you call the police, they will (hopefully!) come immediately to stop the crime.
2) No Bar to Door to Court
 |
| Unlike the Wizard, the Courts Accept all Callers |
3) What Does This Mean to Me?
Civil disputes are best worked out prior to the filing of a lawsuit. If they cannot be worked out, no one can stop another person from filing a lawsuit, no matter what the circumstances.
So....
If you are being treated unfairly at work, there are strategies you can employ to remedy the situation, but there is no "authority figure" that you can call that will make your employer stop what it is doing. In many such situations, the smart thing to do is to retain an attorney, and then develop and execute a sound strategy that you protect all of your rights to remedies such as unemployment compensation, severance, COBRA, a lawsuit alleging discrimination, etc., etc.
NOTE: There is a process called an injunction proceeding that can be utilized via the filing of a lawsuit wherein one asks that the offensive behavior be stopped. However, such suits can be quite expensive.
If you are being threatened with a lawsuit for violating a non-compete agreement, there is no one that you can call to examine the matter and determine who is right/wrong and whether a lawsuit is appropriate. Rather, you must try and work it out yourself or, perhaps more prudently, via counsel.
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…
Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…
Click Here to e-mail John directly.
Thanks for checking in with us.
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Recruiters and Non-Compete Agreements in Pennsylvania
If You Are a Recruiter, You Have Probably Signed a Non-Compete Agreement
Nowadays, many companies are electing to hire independent contractors for specified projects as opposed to hiring employees on a full-time basis. This is good news for recruiters. However, virtually any recruiter that is hired is required to sign a non-compete agreement, which typically includes a non-solicitation clause.
Pennsylvania Courts Will Enforce a Non-Compete Agreement Only if Doing So is Necessary to Protect the Legitimate Business Interests of Your Former Employer
A standard non-compete agreement prohibits you from working for a competitor of your former employer for a period of time usually ranging from 1-2 years.
A standard non-solicitation agreement will prohibit you from doing business with any of the corporate clients or individual candidates of your former employer for a similar time frame.
In most situations, courts will not enforce non-competition covenants because they are not truly needed to protect your former employer's business interests. After all, it is a big world, and how is one more recruiter in the vast sea of recruiters going to hurt your old company?
Click Here to read our recent Post concerning the practicalities of such clauses where IT Recruiters are concerned.
Click Here to read our comprehensive post on the enforceability of non-competition agreements in general.
Pennsylvania Courts Will Enforce a Non-Solicitation Agreement if You Are Taking Clients From Your Old Firm and Causing it to Lose Money
The above headline says a mouthful, and one must parse through and understand each sub-proposition to understand the essence of Pennsylvania law where non-compete/non-solicitation agreements are concerned.
Here is a simple rubric:
Joe Employee joins new firm competitive with old firm but does not do business with corporate clients or candidates of old firm: non-compete generally will not be enforced;
Jane Employee joins new firm competitive with old firm and does business with corporate clients of old firm but not candidates: non-compete generally be enforced;
Joe Employee joins new firm competitive with old firm and does do business with individual candidates but not corporate clients of old firm: non-compete generally will not be enforced if Joe found candidates via social networks such as Linked-In, as opposed to via use of old employer's database that he had downloaded and kept after his job ended.
There Are Many Permutations to Pennsylvania Non-Compete Law
The fact is, each and every situation is essentially unique, and avoiding a lawsuit is the key goal, even if it means your earnings are deflated for a while. Even so, you must understand that, no matter what you do, there is nothing anyone can do to stop your former employer from filing a lawsuit if that is what it wants to do.
Consequently, the best offense is a very sound strategy. One must think through and carefully plan one's steps so that, if a lawsuit cannot be avoided, you may emerge victorious.
I am John A. Gallagher, a non-compete employment lawyer with 21 years of experience located in Paoli, Pennsylvania. Call 610-647-5027 for a free telephone consultation, or send me an e-mail.
Nowadays, many companies are electing to hire independent contractors for specified projects as opposed to hiring employees on a full-time basis. This is good news for recruiters. However, virtually any recruiter that is hired is required to sign a non-compete agreement, which typically includes a non-solicitation clause.
Pennsylvania Courts Will Enforce a Non-Compete Agreement Only if Doing So is Necessary to Protect the Legitimate Business Interests of Your Former Employer
A standard non-compete agreement prohibits you from working for a competitor of your former employer for a period of time usually ranging from 1-2 years.
A standard non-solicitation agreement will prohibit you from doing business with any of the corporate clients or individual candidates of your former employer for a similar time frame.
In most situations, courts will not enforce non-competition covenants because they are not truly needed to protect your former employer's business interests. After all, it is a big world, and how is one more recruiter in the vast sea of recruiters going to hurt your old company?
Click Here to read our recent Post concerning the practicalities of such clauses where IT Recruiters are concerned.
Click Here to read our comprehensive post on the enforceability of non-competition agreements in general.
Pennsylvania Courts Will Enforce a Non-Solicitation Agreement if You Are Taking Clients From Your Old Firm and Causing it to Lose Money
The above headline says a mouthful, and one must parse through and understand each sub-proposition to understand the essence of Pennsylvania law where non-compete/non-solicitation agreements are concerned.
Here is a simple rubric:
Joe Employee joins new firm competitive with old firm but does not do business with corporate clients or candidates of old firm: non-compete generally will not be enforced;
Jane Employee joins new firm competitive with old firm and does business with corporate clients of old firm but not candidates: non-compete generally be enforced;
Joe Employee joins new firm competitive with old firm and does do business with individual candidates but not corporate clients of old firm: non-compete generally will not be enforced if Joe found candidates via social networks such as Linked-In, as opposed to via use of old employer's database that he had downloaded and kept after his job ended.
There Are Many Permutations to Pennsylvania Non-Compete Law
The fact is, each and every situation is essentially unique, and avoiding a lawsuit is the key goal, even if it means your earnings are deflated for a while. Even so, you must understand that, no matter what you do, there is nothing anyone can do to stop your former employer from filing a lawsuit if that is what it wants to do.
Consequently, the best offense is a very sound strategy. One must think through and carefully plan one's steps so that, if a lawsuit cannot be avoided, you may emerge victorious.
I am John A. Gallagher, a non-compete employment lawyer with 21 years of experience located in Paoli, Pennsylvania. Call 610-647-5027 for a free telephone consultation, or send me an e-mail.
You have read this article with the title 2012. You can bookmark this page URL http://clapclapclappp.blogspot.com/2012/08/recruiters-and-non-compete-agreements.html. Thanks!
IT Consultants, Personnel Recruiters and Non-Compete - Non- Solicitation Agreements in Pennsylvania
I am a Personnel Recruiter: Is My Non-Compete - Non-Solicitation Agreement Enforceable?
Over the years, the business of IT Consulting has expanded and expanded so that, today, many companies routinely retain temporary workers who are IT specialists under a contract with a personnel supply firm.
This typically results in two separate contracts: 1) a contract between the end user (the company requiring manpower) and the recruitment firm wherein the end user agrees to pay the recruitment firm a fee over a fixed period of time in exchange for provision by the recruitment firm of temporary workers needed to complete a given project; and, 2) a contract between the recruitment firm and individuals who agree to go to the end user for a specified time frame and provide services on such projects pursuant to an independent contractor agreement.
In other cases, recruitment firms provide permanent employees to corporate clients and are paid a one time fee.
This Post is not intended to discuss the overall enforceability of the non-compete agreement between you and your former employer. Rather, it is designed to address two common issues faced by employees who, having found work subsequent to leaving their former employer, desire to understand the boundaries for contacting candidates and clients of their former firm.
Click Here to read our Post on general rules relating top the enforcement of non-compete agreements in Pennsylvania.
I Have Been Recruiting IT Candidates for Years: May I Contact Them After I Leave My Pennsylvania Employer?
Over time, people who work for recruitment firms develop relationships both with candidates (i.e. individuals potentially suited for various positions) and clients (i.e. corporations who require candidates). Most people who work as personnel recruiters are required by their employers to execute non-compete agreements as a condition of employment.
Upon departing from employment to strike out on a new venture, such persons often call me and ask: can I contact the candidates that were part of the data base of my old firm? The answer is: a qualified yes.
If you can locate, identify and contact such candidates via social media such as Facebook, Linked-In, etc., then you are likely going to be fine.
However, one may not utilize the data base of a former employer to identify and contact such candidates.
Human Resource Consultant: May I Contact the Clients of my Former Employer if I Have a Non-Compete or Non-Solicitation Contract in PA?
In the context of the subjects discussed in this Post, contacting and/or doing business with corporate clients who purchased manpower from your prior employer is a much dicier proposition for persons bound by non-compete agreements. That is so because corporate clients are the ones that pay recruitment firms for the candidates they provide. Hence, any time a former employer learns that its former employee is doing business with one of its corporate clients, a dispute will likely blossom.
Here is one rub.
The IT field is extremely specialized, yet the vocabulary used to identify the specializations remains undeveloped. Hence, the prohibitions in a typical non-compete agreement in the IT consulting industry are usually overbroad, and thus, paradoxically, vague. For example, your old employer recruited only software engineers. Does that mean that you cannot recruit and provide a software programmer to a corporate client of your former employer?
Here is another rub.
Your old employer typically "leases" independent contractors to its corporate clients for specified time periods, typically designed to provide manpower for only so long as it takes a given project to be completed. Your new employer, on the other hand, supplies only recruits for permanent hire by corporate clients. Is it a violation of your non-compete to provide such services when, in fact, your new employer does not truly "compete with your prior employer?
How to Avoid a Lawsuit Over my Pennsylvania Non-Compete Agreement
The bottom line is: IT personnel recruitment is a complicated business, and non-compete agreements in this field are often overly broad and potentially unenforceable in whole or in part. However, former employers often will not hesitate to sue if they believe their financial interests are being compromised by a former employee. And, there is nothing you or anyone else can do to stop your former employer from filing a lawsuit, even a baseless lawsuit, if that is what it wants to do. Therefore, the best approach is to develop a careful strategy that enables you at once to continue working in your chosen profession while minimizing the risk of suit or, if suit is unavoidable, the risk of a successful suit by your former employer.
I am John A. Gallagher, a non-compete employment lawyer with 21 years of experience located in Paoli, Pennsylvania. Call 610-647-5027 for a free telephone consultation, or send me an e-mail.
Over the years, the business of IT Consulting has expanded and expanded so that, today, many companies routinely retain temporary workers who are IT specialists under a contract with a personnel supply firm.
This typically results in two separate contracts: 1) a contract between the end user (the company requiring manpower) and the recruitment firm wherein the end user agrees to pay the recruitment firm a fee over a fixed period of time in exchange for provision by the recruitment firm of temporary workers needed to complete a given project; and, 2) a contract between the recruitment firm and individuals who agree to go to the end user for a specified time frame and provide services on such projects pursuant to an independent contractor agreement.
In other cases, recruitment firms provide permanent employees to corporate clients and are paid a one time fee.
This Post is not intended to discuss the overall enforceability of the non-compete agreement between you and your former employer. Rather, it is designed to address two common issues faced by employees who, having found work subsequent to leaving their former employer, desire to understand the boundaries for contacting candidates and clients of their former firm.
Click Here to read our Post on general rules relating top the enforcement of non-compete agreements in Pennsylvania.
I Have Been Recruiting IT Candidates for Years: May I Contact Them After I Leave My Pennsylvania Employer?
Over time, people who work for recruitment firms develop relationships both with candidates (i.e. individuals potentially suited for various positions) and clients (i.e. corporations who require candidates). Most people who work as personnel recruiters are required by their employers to execute non-compete agreements as a condition of employment.
Upon departing from employment to strike out on a new venture, such persons often call me and ask: can I contact the candidates that were part of the data base of my old firm? The answer is: a qualified yes.
If you can locate, identify and contact such candidates via social media such as Facebook, Linked-In, etc., then you are likely going to be fine.
However, one may not utilize the data base of a former employer to identify and contact such candidates.
Human Resource Consultant: May I Contact the Clients of my Former Employer if I Have a Non-Compete or Non-Solicitation Contract in PA?
In the context of the subjects discussed in this Post, contacting and/or doing business with corporate clients who purchased manpower from your prior employer is a much dicier proposition for persons bound by non-compete agreements. That is so because corporate clients are the ones that pay recruitment firms for the candidates they provide. Hence, any time a former employer learns that its former employee is doing business with one of its corporate clients, a dispute will likely blossom.
Here is one rub.
The IT field is extremely specialized, yet the vocabulary used to identify the specializations remains undeveloped. Hence, the prohibitions in a typical non-compete agreement in the IT consulting industry are usually overbroad, and thus, paradoxically, vague. For example, your old employer recruited only software engineers. Does that mean that you cannot recruit and provide a software programmer to a corporate client of your former employer?
Here is another rub.
Your old employer typically "leases" independent contractors to its corporate clients for specified time periods, typically designed to provide manpower for only so long as it takes a given project to be completed. Your new employer, on the other hand, supplies only recruits for permanent hire by corporate clients. Is it a violation of your non-compete to provide such services when, in fact, your new employer does not truly "compete with your prior employer?
How to Avoid a Lawsuit Over my Pennsylvania Non-Compete Agreement
The bottom line is: IT personnel recruitment is a complicated business, and non-compete agreements in this field are often overly broad and potentially unenforceable in whole or in part. However, former employers often will not hesitate to sue if they believe their financial interests are being compromised by a former employee. And, there is nothing you or anyone else can do to stop your former employer from filing a lawsuit, even a baseless lawsuit, if that is what it wants to do. Therefore, the best approach is to develop a careful strategy that enables you at once to continue working in your chosen profession while minimizing the risk of suit or, if suit is unavoidable, the risk of a successful suit by your former employer.
I am John A. Gallagher, a non-compete employment lawyer with 21 years of experience located in Paoli, Pennsylvania. Call 610-647-5027 for a free telephone consultation, or send me an e-mail.
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My live show in Raj News TV on Equity & Economy
On 6th August 2012
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Financial Planning tips: Health Insurance
(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai which offers investment solutions through i.S.M.A.R.T financial plan. Feedback can be sent to ismartfp@ gmail.com)
Financial Planning Tips: Health Insurance:
Having a separate health cover, apart from what your company provides, makes a lot of sense. Going forward the current generation will confront health care concerns as we are the in the age of rapid lifestyle changes and stress filled careers. All studies point out to the rising health scares in the future as well and compounded by the rising health care costs. With very few exceptions, most diseases are curable these days, thanks to the innovations in the fields of medicine and technologies. But such innovations and life extending technologies come at a huge cost to the people availing health care benefits. This with other factors necessitate one to have a comprehensive health care cover.
Look at the 7 reasons why one must have a health insurance cover right now:
1. Your company's group health insurance cover you, but may not be sufficient:
Employees and their dependents by and large are covered through group insurance in respective organizations. But many a time, such covers are not sufficient though. For a family of 5 (Husband + wife + kid + dependent father + mother) even a cover of 10 lacs may not be sufficient. But in many organizations, cover may not even exceed 3 - 5 lacs for the total family. Having an independent health cover is paramount, because no one these days work for one organization for their life time.
2. Risk for dependent parents:
Many organizations have little or restricted covers for the elder dependents, as the risk premium is high on them for the organizations. It is important to have a separate cover for the dependent parents/senior citizens for which one can avail tax rebate under Section 80D. Remember, beyond 60s, taking a health cover for the elderly becomes really tough as the age and health factors make it expensive and cumbersome. Remember during the times of medical emergencies, their health care costs can drain your hard earned savings.
3. Job changes:
In the current career trends, people do not stay with one organization for ever. People keeping moving from one to another at a reasonable pace. The present organization may not offer something similar to what the previous organization offered on group health cover. The vagaries of such changes can be negative many times. One will be left with no cover during the times of transition, from one job to another.
4. Health care costs sky rocket:
Health care costs are set to sky rocket in the future. Thanks to innovations in the field of medicine, most diseases are curable these days with very few exceptions. But unfortunately, such innovations come at a huge cost. Be prepared for such sky rocketing costs in the future.
5. Only you retire, not your needs:
Our generation may not have a predictable retirement lifestyle, given the fact that private sector does not provide us social security post retirement. With the break down of family systems, retirement life will be largely independent and lonely. Health care costs will be an important component in the retirement life. Take a comprehensive health cover now which can come along with you till your life time. Be prepared in a smart way.
6. When PRETIREMENT is the order of the day:
This generation is not fancied about working the usual way for too long... It can be starting our own venture, doing social work, pursue dreams etc., All have aspirations and ambitions of chasing our dreams in life. I don't see many of us working beyond late 40s and 50s... Be prepared for such circumstances by proper planning. Everyone wants to Pretire and not retire.....
7. Tax benefits under section 80D:
Government extends tax concessions for medical insurance premiums under section 80D. This section allows you to take the benefit for the premiums paid upto Rs 15,000 for self and family, and upto Rs 20,000 for dependent parents. So go ahead and plan your medical insurance and enjoy the tax benefits too....
(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai which offers investment solutions through i.S.M.A.R.T financial plan. Feedback can be sent to ismartfp@ gmail.com)
Health care costs are set to sky rocket in the future. Thanks to innovations in the field of medicine, most diseases are curable these days with very few exceptions. But unfortunately, such innovations come at a huge cost. Be prepared for such sky rocketing costs in the future.
5. Only you retire, not your needs:
Our generation may not have a predictable retirement lifestyle, given the fact that private sector does not provide us social security post retirement. With the break down of family systems, retirement life will be largely independent and lonely. Health care costs will be an important component in the retirement life. Take a comprehensive health cover now which can come along with you till your life time. Be prepared in a smart way.
6. When PRETIREMENT is the order of the day:
This generation is not fancied about working the usual way for too long... It can be starting our own venture, doing social work, pursue dreams etc., All have aspirations and ambitions of chasing our dreams in life. I don't see many of us working beyond late 40s and 50s... Be prepared for such circumstances by proper planning. Everyone wants to Pretire and not retire.....
7. Tax benefits under section 80D:
Government extends tax concessions for medical insurance premiums under section 80D. This section allows you to take the benefit for the premiums paid upto Rs 15,000 for self and family, and upto Rs 20,000 for dependent parents. So go ahead and plan your medical insurance and enjoy the tax benefits too....
(The author is the Founder and CEO of Money Avenues, a Wealth Management firm based in Chennai which offers investment solutions through i.S.M.A.R.T financial plan. Feedback can be sent to ismartfp@ gmail.com)
You have read this article with the title 2012. You can bookmark this page URL http://clapclapclappp.blogspot.com/2012/08/financial-planning-tips-health-insurance.html. Thanks!
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