Bottom line is that unless you are still paying someone, you cannot prevent them from earning a living.
If you sign a contract stating that the company you work for can keep you off the air for X number of months, you know the rules. They are not trying to prevent him from earning a living. He can do that at any job outside of radio. He signed the contract. Charlie is a smart guy. I'm sure he figured they would just let him go, which is exactly what KILT should do, but a contract is a contract.
dd... actually i don't think so. cc is hell bent on the fact that they are right and we are hell bent that we are. it'll be up to the courts.
very gray area there....who decides what he is qualified to do..and if he can't make as much doing something else for the time being...then who is to say that he can't continue to support his family. I know a lot of guys in the financial industry...they signed non-competes and left...they were threatened with lawsuits but none of them ever stuck because of one thing...you cant prevent a guy from earning a living. Mind you, these were guys making 4-5 hundred grand a year so its not like they didnt have money to live on for 6 months...but the court/arbitrator only used one parameter...and that was that you cannot prevent a guy from earning a living.
NJ, That is my thought as well. Utlimately if the guys contract is up, he has a right to make a living, and I think his old station will lose based upon them not paying him any longer. If I remember correctly, for it to be enforcable, the person signing the contract has to have received some compensation tied to that clause. DD
As far as I know, that's correct. The only guys that I was talking about, that did not go to work for someone else right away, were the ones who were still getting paid
A full hour because they are obligated to talk to JVG once a week. Bullard was on too which was great. But that doesn't happen much. I was in the car a lot the day before and it was nothing but football talk. You can't possibly tell me their show doesn't lean more toward football. That's Vandy's true love. Hey, I'm sure there are plenty of people who like football talk. I know the show isn't just geared toward my tastes. Yes, callers steer the show toward certain subjects. They could easily break it up with having some sort of basketball guest from time to time. I'll ask again: why isn't Jonathan Feigen on 610 anymore?
Its about to get crunk up in here. Competition is going to be great for both stations. BTW, Lance just mentioned the article and he also had one of the Sportingnews guys on. Dave Harberson (sp). He was on the Sportingews network the last time they were on 610. He said he lives in Houston now.
I think "the voice" is pretty good as well as a partner with Rich. I must confess that I have not heard them both together alot - maybe my opinion might chang in that case. I thoroughly enjoyed the JVG show. I do not mind a healthy competition betwen 610 and 790. The fans usually win.
I work with these all the time. Just enforced one against a guy who worked in a position similar to the one you're speaking of. They are absolutely enforceable, as long as there are clear limits to time and scope of the clause. as for consideration and the whole kit and kaboodle...here are snippets from a memo on this topic: 1.The employer and employee must enter into a personal services agreement, separate from the covenant not to compete: 2.The covenant not to compete must be ancillary to or part of the agreement at the time the agreement was made; 3. The covenant’s limitations must be reasonable as to each of the following: a. time; b. geographical area; c. scope of activity to be restrained. 4.The covenant’s limitations must not impose a greater restraint than was necessary to protect the employer’s business interest Restrictions up to five years in certain industries have been upheld. Generally, if it is less than three years, it is upheld. Case law suggests this consideration can be merely that the employer will provide confidential information to the employee which the employee agrees to keep confidential. It's as simple as that. I'm certain that lawyers working for Infinity made sure they were clear about consideration being provided...and I've never once seen that consideration take the form of cash. And when Charlie signed the agreement, he acknowledged that consideration coming to him in return for the no-compete.
Two questions: What, if anything, does KILT's failure to get the temporary restraining order indicate about the strength of their case? How did KTRH handle this when CP and Rich jumped to KILT?
Honestly How is this fair After he completed his contract He cannot work anywhere in sports radio for 6 months?' in this city at least IT is his lively hood and their are only 2 stations in this city . . . seems monoploistic type thing Rocket River
it's fair because he signed it. it's a contract. i guarantee he had an attorney look through this agreement before he signed it, and had the power to negotiate it out, or not take the job. he signed it. end of story. again I'M NOT SAYING THIS PARTICULAR AGREEMENT WILL BE ENFORCED. I want to make that clear. I have NOT read the clause in question. I'm saying that I have seen these clauses for other radio personalities, and they're generally drafted in such a way as to be quite enforceable.
I understand what you are saying...but I know guys who I hired who had no-compete clauses...and they were rarely upheld...I would say out of 20 or so guys that came to work for me from other firms who had no competes, 18 of them were allowed to work. The ones who weren't allowed to work were guys who were still getting compensated in some way from their old firm. You cannot prevent someone from working for 3 years. If there is someone out there that has been unable to work because of a no-compete for 3 years, then they need a new lawyer.
NJ -- you can argue with me all you want. that's great. i'm telling you the way the contracts are written now, they've removed the problem. and for sure, 6 months is a reasonable period, given what other case law says.
I thought that at first but it seems like 790 is going to be made up of mostly national shows so 610 still has the edge in my book.
