Judge gives mixed results in Carr case

[David Tomm]

Howie could have really screwed himself here.  By negotiating and 
signing a deal with GM before his Entercom contract expired, it 
triggered the "right to match" clause that the judge upheld.  If he had 
just negotiated with GM, agreed to nothing on paper, and let September 
19th come and go, the Entercom contract would have expired and he could 
have then signed with GM on the 20th.   Entercom would have been 
powerless to do anything about it--at least that's how I'm reading it.

This is all going to ride on how that right to match clause in his 
contract is worded.  Is it just a salary match or can other factors 
like daypart and working conditions be part of it?  And, is it worded 
that if Entercom indeed "matches" that offer to the letter of the 
contract, does that automatically extend the contract the length of the 
competing offer, even if Carr doesn't agree to it?  Clarifying what 
constitutes a "matched offer" is the next step in the process.

-Dave Tomm
"Mike Thomas"


On Sep 19, 2007, at 5:04 PM, Gary's Ice Cream wrote:

> But just because they offered to match the money....wouldn't they also 
> have
> to match the job...meaning that Howie would get AM drive?
>
> -g
>
>
> -----Original Message-----
> From: boston-radio-interest-bounces@tsornin.BostonRadio.org
> [mailto:boston-radio-interest-bounces@tsornin.BostonRadio.org] On 
> Behalf Of
> Bob Nelson
> Sent: Wednesday, September 19, 2007 3:00 PM
> To: BostonRadio Mailing List
> Subject: Judge gives mixed results in Carr case
>
> Herald:
> http://bostonherald.com/news/regional/general/view.bg?articleid=1032693
>
> Globe:
> http://www.boston.com/business/ticker/2007/09/judge_howie_car.html
>
> A judicial memo was issued today in the Howie Carr v. Entercom case.
> The final judgement has not yet come, but the judge said that while the
> non-compete clause was not enforceable under state law, the "right to 
> match"
> clause was. Entercom feels that they did match the offer he'd received 
> from
> Greater Media and that they have the rights to him until Sept. of 2012.
> Further, according to the Herald, the judge wrote that Howie had no 
> right to
> go to Greater Media and accept an offer from them as his contract had 
> not
> been officially terminated by Entercom.
>
> All a bit confusing; will Howie show up tomorrow on WTKK or will he be
> forced to stay at WRKO? All still up in the air. Nobody has given 
> comments
> yet (lawyers, companies).
>
>