Carr's latest legal moves

[Chuck Igo]

----- Original Message ----- 
From: "Bob Nelson" <raccoonradio@mail.com>

http://bostonherald.com/news/regional/general/view.bg?articleid=1039291

Howie Carr's lawyers are seeking to get a panel together to hear his 
complaint and get
permission to do his show at 96.9 while the case goes through court--which
could take up to a year. They argue that Howie's being able to accept a WTKK
deal on Sept. 20, but he couldn't as early as one day before that, is
"absurd". The Herald headline btw incorrectly states the call letters as 
"WTTK"
(calls that 100.7 had years ago)

.....

the right of first refusal in this case actually would have rewarded a 
contractual employee for NOT sticking to the terms of his/her original 
agreement.  the right-of-first-refusal allows for a current employer to 
match an offer from a new, perspective employer.  the clause asks the 
employee to present any new, competing offer, in good faith.  as per the 
contract, the employee, in this case Howie, did so and lost.

yet if Howie were to have "kept his mouth shut" until a minute after 
midnight of the Entercom contract's expiration - and just gone to Greater 
Media, the general gist could have been argued that the empoyee did NOT own 
up to his/her end of the original contract (ie: present a competing offer). 
this "right of first refusal" is simply another way to attempt to enforce a 
non-compete.  and in the case of right-of-first-refusal, according to the 
courts, is quite legal.

seems to me that there is no good end to a right-of-first-refusal clause 
unless the current employer has no desire to retain said employee.

- -Chuck Igo

and for the folks who maintain "Howie is an adult" (signed the contract, 
etc) - yes, he is.  and by going to Entercom with the new offer from Greater 
Media, he's a stand-up guy, too.