Perhaps different industries have different contracts...and even different states have different laws...but if its a hardship, you cannot prevent someone from earning a living.
of course you can't keep someone from earning a living. you can keep saying that all you want...it doesn't change the case law. the judge will take all factors into account, no doubt...but smart lawyers have begun drafting these things to literally mirror the language of the courts. as a practical matter, many aren't enforced, especially in the arenas you're talking about, not so much because they're unenforceable, but because the former employer doesn't wish to spend the money to pursue enforcement. if it's reasonably limited to time, place and scope...you're done. it's enforceable. something as particular as this...in such a niche market...with a limitation of only 6 months in one radio market in the entire country...if that's written correctly, particularly concerning consideration...then he's cooked. it's quite reasonable when compared to other clauses.
Usually non-compete clauses are iron clad, but without reading the contract, don't know... Good for 610 for trying to enforce and good for Charlie getting a new gig...
Like MadMax, I work in this area all the time. MadMax's explanation of the law in Texas is generally correct, without getting into alot of legal mumbo jumbo. Assuming 610 drafted their agreement correctly, they should be able to enforce the 6 month noncompete. gwaneco - great question about the TRO's. First, it is unusual that they sought them twice. Usually you seek one once and then proceed to a hearing for a preliminary injunction. TRO's by definition can only have a duration of 10 days, so if Palillo isn't going to work within that 10 day period there would be no reason to issue it. But I would not read too much into it without knowing more. NJRocket. Noncompetition law is a matter of state law, although the basics are fairly similar in most states. California, of course, marches to the beat of a different drummer. I'll give you a lawyerly answer and say that the enforceability of a noncompetion covenant is going to depend on the language of the covenant, the state law that governs the covenant, and the facts of each particular case. But a blanket assumption that they are not enforceable, or that you "can't keep someone from earning a living for 3 years" is the kind of thinking that makes trial lawyers like SamFisher alot of $. rrj_gamz. Noncompetes are anything but ironclad, unless you are talking about in connection with the sale of a business, and even then they must be reasonable in scope.
A big key with radio and non-compete is advertising dollars. CP can go to another station and take sponsors with him. The only way to guarantee that won't happen is to keep him off of the air for a period of time. to prevent that problem from occurring. My gut tells me Rich won't stay, but I have no earthly idea if he will or won't.
I'm not sure what I would have done if I was in 610 shoes... A contract is a contract.. and if the no compete is in there.. than they'd have the righ to enforce it.. so I see that side.. On the other hand, I think to a lot of the general public it will come across as 610 being scared that Charlie will tear them up in the ratings... I'm not saying that is the case, but I think a lot of the general public will see it that way
No. Charlie will cannabalize the soon-to-be-defunct Sportsbeat audience and drag some Palillo loyalists with him but I am not concerned with being "torn up". We are going from monopoly to competitive...it's not the first time this type of thing has happened. Jeff - If you find out what Lord is doing give us a call because we have no clue.
chance.. I know, my point was that I think some of the general public will think they are just going after charlie because they are scared he will take away their listeners... I probably won't ever change..... I set all 6 of my AM presets to 610 in Houston.. since it was the only AM station I listen too pretty much.. and I'm way too lazy to change them
Damn my b*stard new car and my inability to get around to fixing it so I can get A.M. again! I'm having to listen to the biggest bunch of garbage music these days... save for Ashlee Simpson. That girl rocks!!!
fatty.. I know what you mean.. heck the music when going in and out of segments on sports radio stations is better than half of the music being played on the radio...
