Re:Re:Re: Non-competes

[Dan Billings <billingsdan@yahoo.com>]

--- Dave Faneuf <tklaundry@juno.com> wrote:
> Dave writes:
> I am confused by your response.  While a broadcaster
> is under contract that person can not leave the
> station to take another job anywhere, that's the
> same everywhere.  That doesn't have anything to do
> with non-competes.  Non-compete clauses come into
> play after a contract has expired and a person
> decides to move on.  I don't see anything in the two
> provisions you posted that says anything differnt. 
> The only thing that I can see that could be argued
> is that an employee terminated for cause might be
> prevented from getting another job within the
> geograpical area for the duration of his/her
> contract but not beyond, that's not a non-compete
> clause.  Am I missing something?  

The original version of the bill did not include the
"for cause" language.  That was added at the request
of the Maine Association of Broadcasters.  "For cause"
in broadcasting could mean bad ratings or talent not
fitting with a new format.  If the contract provides
little protection for the talent under that kind of a
situation, a person could be let go after the first
year of a three year contract and have to leave the
area to find a job. The original bill in Maine would
have provided protection for this situation. 
wouldn-compete woemployerd if the mployer
endedrelationshipent realtionship.

To me, any provision that prevents an employee from
taking another job after the employment
relationdefinitionis by defenition a non-compete
clause. 

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