Show notes
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. ⚖️ Featured Attorney ⚖️Name: Matt MarcellinoWhat 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 ⚖️ Featured Attorney ⚖️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 🗝️ Key Points 🗝️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 business and personal life in the future. ➔ It’s all about what you know. As jobs in society have shifted from manufacturing to service-based, the true currency in businesses are ideas. Knowledge of what a business does, start-ups, and trade secrets. That’s what these clauses protect.💡 Episode Insights 💡[02:50] Multiple types of Non-Competition: What is often referred to as a Non-Compete can actually be a multitude of covenants in a contract, including Non-Solicitation, Non-Interference, Confidentiality, and Non-Disclosure agreements. [07:56] Confidentiality clauses can last forever: You cannot disclose private or vital information that is integral to a company — ever. [12:02] Plan ahead for enforceable clauses: If a Non-Competition clause will forbid you from working in the same industry for a time, plan and negotiate for that eventuality. [14:13] You always have the power of negotiation: Matt breaks down the way you can negotiate Non-Solicitation clauses, especially if you have previous clients.[21:45] Be wary of deceptive trade practices: Tortious interference is a malicious practice that can happen when there is an intentional attempt to get someone to not follow their contract. [25:02] Who owns the information?: It’s a toss up. If an employee works for decades in a company, is their industry knowledge theirs? Or does it belong to the company? Matt and Bryan discuss. [27:58] COVID-19 has made things more complicated: Do the ideas you think of at home remotely after hours belong to the company or to you? [33:40] Contract clauses in the media: Maegen asks Bryan and Matt about their favorite movies or events in pop culture that feature Non-Competition and other clauses. About Marcellino & Tyson and Protect What’s Yours ★ Subscribe to Protect What’s Yours in your preferred podcast app.Marcellino & Tyson is a trusted Charlotte, NC-based law firm, providing representation in the practice areas of Family Law, Business & Employment Law, ERISA Disability Law, and Civil Litigation. Our attorneys are highly experienced in ERISA litigation with a successful track record helping clients get the benefits they deserve. We are also known for defending the interests of our clients in family law-related issues.The insights and views presented in Protect What’s Yours are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning in to this podcast constitute an attorney-client relationship of any kind.