Re: Question about non-compete clauses

["R.L. Caron" <k4gp@peganet.com>]

<< In Maine, non-competes have recently been ruled invalid >>

Not exactly. The new Maine law says covenants not to compete between
employers and broadcast talent "are presumed to be unreasonable." They still
can exist, even with air talent, but the employer now has a heavy burden to
prove the arrangement is NOT unreasonable. I would expect that if such a
contract involved a high profile TV personality with a comparably huge
salary, the company would have no problem proving that it has a compelling
interest in keeping that individual away from direct market competitors and
the agreement would probably pass the scrutiny of the court. But it does
prevent stations from the rote handout of non-compete contracts to every air
personality, up to and including the one doing the overnight Sunday shift.
And that's good.

I always questioned the all-too-common industry practice of paying someone
minimum wage (or close to it) for being on the air, and then screaming about
heavy economic damage when that same individual "jumped ship" to a nearby
competitor.

Salespeople are specifically exempt from the law's protections. The bill was
sponsored by the Maine branch of AFTRA, at the urging of a handful of
Portland TV personalities. But because the legislature didn't want to tangle
with the many other professions and businesses (law firms, pharmacies, and
real estate firms) that regularly make use of CNCs, the law only applies to
broadcast talent.