Rites of Passage

Honoring Our Fallen Heroes, Moms, and Graduates

This past weekend, we remember and honor those in the U.S. military who bravely died defending our freedoms. In the month of May, we also celebrate our mothers and motherhood. Flowers, gifts, pampering, and pleasant surprises, our mothers deserve it all. Mother's Day is an opportunity for families to gather and honor the women who literally made us. One day is surely not enough to acknowledge everything moms do for us and their role in this crazy world. Likewise, an entire Memorial Day weekend is surely not enough to honor our fallen heroes.

While May is a special month for mothers, it is also an exciting time for children as well. May is the month when many children graduate and a fresh new stage in life begins for them and their parents. Some kids go to college, and some start looking for job opportunities, while some parents become empty nesters.

Starting a new phase in life at any stage brings a lot of excitement, be it the phase of motherhood or the phase where children become adults. This month is filled with rites of passage and personal evolution. For mothers and children, the month of May brings a lot of joy and things for which we can be grateful. It is also a good time to reflect upon one’s growth and celebrate our personal achievements.

Three Types of Restrictive Covenants in Employment Agreements

By Kathleen Misturak-Gingrich

Restrictive covenants are provisions in an employment agreement that help employers maintain a competitive edge by prohibiting employees from engaging in certain types of activities that could be harmful to the employer. The purpose of the restrictive covenants is not onlyto protect confidential and proprietary information of the employer from being used by the employee,but also to preserve the customer and employee relationships that the employer may have. Often times, you will find three types of restrictive covenants in an employment agreement: (1) a non-competition clause; (2) a non-solicitation clause; and (3) a confidentiality provision.

Non-Competition Clauses

Non-Competition clauses are just what you may think. It limits the employee’s ability to compete with his or her former employer for a specific time period and/or within a certain geographical area after employment terminates. It is intended to prevent employees from leaving their current employers to work for a rival competitor down the street. It also prevents employees from starting their own business in the same industry as the employer.

Non-Solicitation Clauses

Non-Solicitation clauses prohibit an employee from encouraging customers and other employees to terminate their relationships with the employer and follow theemployee wherever he or she might go next. While this provision does not prohibit the employee from working with a rival competitor or starting a new business, it does prevent the employee from actively raiding its former employer of its customers and other employees.

Confidentiality Provisions

Confidentiality provisions are meant to protect an employer’s trade secrets and other confidential information by prohibiting the employee from exposing this information to other third-parties or using this information to the employee’s advantage during and after employment ends.

While these restrictive covenants can be a great way to protect an employer’s business interests, they are not favored in Pennsylvania. Therefore, it is important to know how Pennsylvania courts will likely consider the enforceability of these provisions when drafting your employment agreements. If you would like know more about the restrictive covenants in your employment agreements, the attorneys at the Law Offices of Peter J. Russo, P.C. are here to help.

Contact Kathleen Misturak-Gingrich at KGingrich@pjrlaw.com or 717-283-4963 for further guidance.

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We are seeking guest writers to contribute to our email newsletter which reaches more than 2000 people per month. If you would like to consider a joint article (for example: How COVID has impacted on the wedding industry and the legal recourse you might have), we would be glad to work on something with you. For more information, please contact Ashley Malcolm via email amalcolm@pjrlaw.com or call 717-610-1639.

Hiring: Looking Beyond the Obvious

By Mark Y. Sussman

Did you know the inspiration for the N95 Mask was a molded bra cup? And that is the subject of this week’s Lessons Found, a weekly series presented by Strategic Business Group.

Sara Little Turnbull was an unlikely candidate to become one of the nation’s top industrial designers. With a flair for interior design, Sara Little (her preferred professional name) was an editor at House Beautiful magazine before forming her own company in 1958. At about the same time, she wrote an article, “Forgetting The Little Woman”, in which she took major manufacturers to task for ignoring end users when designing products. And the corporate giants of the time took notice. That is how she found herself in front of 3M’s all male executive team suggesting the molded bra cup. Soon after, she was caring for ill family members when she noticed how medical staff were constantly adjusting their fabric masks. That was her inspiration for transforming this molded bra cup design into a mask which eventually became the foundation for the N95 mask we all know today.

Had Sara Little applied, 3M would never have hired her as an industrial designer. And, given this was the 1950s, they certainly would not have sought her out. This is a Lesson Found. We limit our pool of potential candidates when job postings only reflect our preconceived vision of who we see filling that position. For example, I recently saw a posting for a job that required a specific minimum college GPA. While intellectual prowess is crucial for most jobs, so is creativity which is not necessarily captured in a high GPA. (This position required both.) Ironically, our vision for the ideal candidate also usually neglects the cultural match with our organization. A job posting should emphasize the company’s culture otherwise it will attract candidates who won’t last long or, even worse, disrupt operations.

“Interviewing” is the second Lesson Found from Sara Little’s story. Based on its definition, “interview” implies a one-sided conversation solely to elicit information from the job candidate. There are other means to evaluate the candidate’s fit for both the position and the organization. An interactive conversation yields a more reliable assessment than strictly asking the candidate about skills and past experiences. Even though she was not interviewing for a position, Sarah Little’s presentation to 3M offers another alternative. Candidates can be asked to pitch solutions to an organizational challenge or opportunity. This and the subsequent discussion provide a realistic view of how the candidate will fit into your workplace.

Life brings us lessons every day. Sometimes from expected sources. And sometimes from sources and situations we never would have thought possible. Either way, they are a gift found. I am fortunate to find these types of lessons regularly and wanted to share them with you with this weekly series of “Business Lessons Found”.

To learn more about Strategic Business Group’s weekly series of “Business Lessons Found” please visit our website strategicbizgroup.com or email Mark at mark@strategicbizgroup.com.

Slow Down and Reflect on Personal Growth

Evolution is the truth of life; adapting is how we do it. Be it any form, state, or phase in life, every step brings you joy and with it comes uncertainty which makes the journey exciting. As human beings, we rediscover ourselves at every stage. As our life progresses, our priorities change, and that’s how we evolve as a whole. Let’s discuss how we can grow while reflecting on our past selves to be prepared for what lies ahead for us in the future.

Fix your focus and stay attentive to your surroundings. Every change is scary but necessary. Focusing on the truly important things is the way to get through the change process. When we are busy, and our schedules are hectic, we are often distracted, which leads to losing sight of the people. Only when you are determined and mentally prepared for the next phase of your life will you be able to live the experience of it.

Staying fit is another mantra to go through the challenging phases of life. Hit the gym, do those reps, and fix your muscles, the ones in the body and the one that controls everything. Being fit physically won’t do any good unless you are fit mentally. When we talk about the phases of entering motherhood or children growing up and looking ahead to make their identity, staying fit and healthy from the body and the mind will help you reduce unnecessary stress.

Be more productive and keep yourself engaged. Fill and feed your mind with things you want from your life, stay away from negative influences to ensure efficiency and productivity. When we step ahead into a new phase, we are unaware of our surroundings or what will happen to us. Taking one day at a time and being productive each day will help you get it right in the first place. Going slow and enjoying the moment allows us to bring our best energy and calm to face the challenges ahead.

Good Habits for a Healthy Mind

As summers are in full bloom by May, the new phase of life also fills in with enough energy. Use this energy and start working on the summer body you desire. Read on for some tips to work on your health:

Hydrate yourself: Fast-paced life and fast access to food and drinks have spoiled us with convenience. Sitting for straight 8 hours in that office chair attending hundreds of calls makes us forget about the water bottle. Keep reminding yourself to drink water from time to time and remain hydrated and energized.

Meditate: Yoga and meditation have proven to be one of the best and easy solutions available for every existing problem. While you hit the reps and pick those weights, you also need to shed a lot of tension and stress from the head. Meditation helps you calm and compose yourself and makes you ready for the day.

Walk-in Nature: The daily routines and hectic schedules won’t let us walk in peace. Take some time out for yourself and go for a walk in nature. Breathe and release whatever you hold inside you for a long while and let nature heal you. A touch of nature can instantly recharge your well-being.