Re: Response from Bruce Schwoegler

[Dave Faneuf <tklaundry@juno.com>]

On Sat, 13 Apr 2002 10:44:26 -0400 "gf" <gff@attbi.com> writes:
> From: Bruce Schwoegler
> To:  Boston Radio Mail List
>
> Now, to non-competes which I helped promote and lobbied with AFTRA 
> for.  In
> MA, they only fail to apply if YOU are LET GO.  After all, that is 
> an
> admission by your employer that you are not welcome/worthwhile or 
> whatever.
> If YOU BOLT, then the non-compete holds.  I think most people would 
> consider
> that fair.  
> Regards,
 Bruce

Good to see that Bruce is involved in the new weather casting endeavor,
his experience and ability is sorely missed,

Bruce's comments about the non-compete got my attention since I also
worked along with my AFTRA colleagues in getting the legislation
approved.  I believe Bruce may be mistaken about his assessment that if
you "bolt" the non-compete still applies.  To the best of my knowledge
the only non-competes in Massachusetts still in effect are the ones that
were in effect prior to the law taking effect in Nov 1998.  I looked up
the wording of the law on the legislative website and I believe it
eliminates non-competes entirely, perhaps one of the legal eagles could
look at it and render an opinon,  

Hope to see you back on the air or in whatever capacity at MYSKY

df

Chapter 237 of the Acts of 1998


AN ACT RELATIVE TO FREEDOM OF EMPLOYMENT IN THE BROADCASTING INDUSTRY.


Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows: 



SECTION 1. Chapter 149 of the General Laws is hereby amended by adding
the following section:- 

Section 186. Any contract or agreement which creates or establishes the
terms of employment for an employee or individual in the broadcasting
industry, including, television stations, television networks, radio
stations, radio networks, or any entities affiliated with the foregoing,
and which restricts the right of such employee or individual to obtain
employment in a specified geographic area for a specified period of time
after termination of employment of the employee by the employer or by
termination of the employment relationship by mutual agreement of the
employer and the employee or by termination of the employment
relationship by the expiration of the contract or agreement, shall be
void and unenforceable with respect to such provision. Whoever violates
the provisions of this section shall be liable for reasonable attorneys'
fees and costs associated with litigation of an affected employee or
individual. 

SECTION 2. This act shall apply to contracts entered into on or after its
effective date. 

Approved August 7, 1998.