Non competes and Howie Carr

A. Joseph Ross
Tue Apr 20 00:50:29 EDT 2010

On 19 Apr 2010 at 15:29, Robert S Chase wrote:

> Joe, I understand what you mean about the contractual provisions
> regarding distribution but what about the Mass Non Compete Statute For
> Broadcast Industry vis:

Well, we already saw that the statute doesn't apply to Howie Carr's 
situation, where his contract didn't prevent him from seeking 
employment elsewhere, but simply allowed WRKO to match anyone else's 
offer.  Carr could have waited until his contract at WRKO ended 
before negotiating a deal at WTTK, but he didn't wait, so he had to 
go back to WRKO.

I don't know what other clauses there are in Howie Carr's contract, 
but I don't think that a clause designed to prevent or penalize Carr 
from deliberately behaving in a way that would get him fired would 
run afoul of the statute, so long as it didn't prevent him from 
seeking employment elsewhere.
A. Joseph Ross, J.D.                           617.367.0468
 92 State Street, Suite 700                   Fax 617.507.7856
Boston, MA 02109-2004           

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