Re: Response from Bruce Schwoegler

[Chuckigo@att.net]

the esteemed A.Joseph wrote:
> As I read the statute, if the contract expires, the 
noncompete doesn't apply.   If the employee leaves 
without the employer's consent, it applies.  If the 
employee leaves with the employer's consent, it doesn't 
apply.   Why is this so hard to grasp?> 

i think it's hard to grasp as there have been many 
instances in Boston where a non-compete has been 
interpreted and enforced, even with the above guidelines 
having been met.
Case 1: Mike Addams was squired away from CBS' WODS to 
do mornings at WBCS.  Greater Media paid a fee to CBS to 
get Mike off the hook, yet Mike still had to wait out 
a "two week notice" period.
Case 2: Joe Martell had been doing mornings at WBMX 
98.5.  Joe went out on a medical leave and, when ready 
to return to work, had no job to which he could return, 
a replacement morning show was on the air in his stead.  
Somehow, ARS managed to keep Joe's non-compete in force, 
even though they did not have a job for him.  Joe had to 
wait six months before he could assume the afternoon 
drive gig at WROR 105.7, even though his position with 
their company had been eliminated while he was 
convalescing. (fired)

non-competes are "enforceable" in direct proportion to 
the levels of agreeable both parties may rise to, or 
lower to.

fortunately, they are no longer allowed, but i'm sure 
that there are personal services contracts entered into 
by talent and management that probably contain some sort 
of language designed to mirror a non-compete.

- -Chuck Igo