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Re: non-compete

Under the Mass SJC precedent setting case that was decided ("Richmond
Brothers vs Jerry Williams")...I believe the court set fourth the idea of
"reasonable compensation", "reasonable time periods", "reasonable
geography".

I believe since then, (until this new law...if that actually changes
things), that the "reasonable geography" was considered to be no more than
500 miles.

I believe "reasonable time period" was considered to be no more than a year.

I believe the "reasonable conpensation" was still getting hashed out...and
hadn't been tested.  Many contracts contain wording such as "...for the sum
of one dollar, which is hearby alknowledged as recieved, the artist agrees
not to compete...blah, blah, blah."

I had a hard time thinking that "one dollar" was considered reasonable
compensation....however, it was trying to flush out the concept that the
station wasn't getting "something for nothing"....i.e....a protection that
they did not pay for.

I'll bow to our resident counselor for any more interpretation...

JP



----- Original Message -----
From: "Dave Faneuf" <tklaundry@juno.com>
To: <boston-radio-interest@bostonradio.org>
Sent: Tuesday, April 16, 2002 2:26 PM
Subject: non-compete


> One aspect of the non-compete law that could prove interesting especially
> from an attorney's point of view.  Suppose someone signed a condition of
> employment agreeement when they were first hired, for discussion purposes
> 10 years ago.  That condition of employment contained a non-compete but
> did not contain an end date.  How would that play out?   As an example, I
> had to sign a condition of employment agreement when I worked at
> WVBF/WKOX that contained a non-compete.  The condition of employment
> agreement did not have a termination date that I recall.  Fortunately Ken
> Spitzer did not enforce the non-compete when they laid me off.
>
> df


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