Non competes and Howie Carr

Tue Apr 20 02:11:06 EDT 2010

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

The Mass non-compete statute outlaws (renders ineffective) any language that 
restricts an air talent after the contract expires.

The statute removes any restriction on where the artist can work *after* the 
employment contract period is over

In the past, a station would employ someone for say, 2 years...but part of 
the contract says that they can't work anywhere else for X period of time 
*after* the contract and his employ ends.

The statute eliminates that restrictions after the contract period.

> On 19 Apr 2010 at 15:59, Robert S Chase wrote:
>> So he comes back and continues to bad mouth them, at which point will
>> a suspension be consider a termination by the employer? How about if
>> he starts showing up ten minutes late for his show, will they fire
>> him? I don't see an exception for an invited termination, do you?

If he did get "fired" for a non-performance issue, rather than be free to go 
wherever he wants....he might find himself at the other end of a civil suit 
from Entercom, seeking damages...possibly continuing to restrict him.

Just my $.02 knowing some of the players.

This is the first time Entercom has hit Howie with something he cares!

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