99.7 KFRC's On-Air Personalities

[1069_KIFR]

Does anyone know if Sue Hall, Jo Jo Kincaid and the rest are under any non-compete clause? Or are they eligible to get back on the air ASAP?

 

[BossRadioDJ]

Wow ... is that how they do it in radio? You're fired, we don't want you on our station, we're going to escort you out the door (which is what they did to Cammie and Dean) -- and you can't work anywhere else because you're still under contract.

DJ

 

[FluxCapacitor]

If its part of thier contracts than yes. But who knows for sure.

 

[content]

As I understand it, 'no-competes' are inconsistent with California labor law. Its possible that some of them are getting paid, in which case they may be required to discontinue that compensation if they return to work. Most likely, they are free to do as they please.

 

[jefflaurence]

A lot of contracts have a section in them that states that a certain percentage of the personality's wages are indeed as compensation for upholding the contract. i.e if one makes 15,000 a month and it stated somewhere that 20% of the monthly (in that case 5k/mo) wage would be for "consideration of this agreement"..then it is enforcable. If there is no compensation for honoring the contract, then there is no con-compete.

 

[SFStatic]

In California, no competes are usually only good for 50 miles...IE attorneys (or DJs in this case) couldn't work in SF if they leave an employer there while under contract, but they could in San Jose or Sacto. (This was litigated during the dot com boom, when a number of attorneys bailed out of SF firms, and went to Silicon Valley.)

At MOST SF stations, only the morning show talent have contracts- everybody else is at-will. Some companies offer deals like double severance as a carrot to keep people off competing stations for a period of time, but otherwise, most can go somewhere else right away-- if there IS somewhere else.

 

[RadioStarOne]

So where is Sue Hall going to. Dean is so talented that he will most likely land on another CBS Radio Station sooner rather than later. And this idea of escorting employee's out of the building is rather insensitive on its face. And the entire industry should be ashamed that its allowed to happen at all, especially to employee's with over ten years service. What did they do, call Sue at home and tell her to stay there? One more shame on you to the ding dong radio bell Doug Harville.

 

[doublecashkgb]

Dean was over in San Diego 20 years ago. How he squeezed another 20 in SF
is anybody's guess. Sue Hall, utterly forgettable.

 

[OldGringo]

In California, no competes are usually only good for 50 miles...IE attorneys (or DJs in this case) couldn't work in SF if they leave an employer there while under contract, but they could in San Jose or Sacto. (This was litigated during the dot com boom, when a number of attorneys bailed out of SF firms, and went to Silicon Valley.)

In California, radio non competes are next to unenforcdable, as they restrict the ability of a person to work (caveat: I am not a lawyer, just observing past occurances) In the LA market, I can think of multiple cases of persons with non-competes who showed up as soon as the next day at another stations. Usually, non-competition is enforced by tortuous interference claims, not by non-compete clauses.

 

[ricoontheradio]

In California, radio non competes are next to unenforcdable, as they restrict the ability of a person to work (caveat: I am not a lawyer, just observing past occurances) In the LA market, I can think of multiple cases of persons with non-competes who showed up as soon as the next day at another stations. Usually, non-competition is enforced by tortuous interference claims, not by non-compete clauses.

Very true. I know of three people who had non-competes in California, and moved to new gigs within a few days without issue. One was sued, but the case was dropped before even being heard in court. California is VERY pro-employee, and consider non-competes unfair in most cases.

 

[radiotrends]

What did they do, call Sue at home and tell her to stay there?

As a matter of fact, they did call Sue at home and told her not to come in anymore.

 

[amfmstealth]

Regarding non-competition agreements, it goes this way: In California, those agreements aren't worth the paper they're written on EXCEPT...as part of a Personal Services Agreement (read "contract"), or PSA. These are voluntarily negotiated by both the employee and the employer. The PSA can contain an enforcable non-compete in return for above-scale compensation, vacation, terms of separation and other valuable consideration.

 

[greg9999]

Regarding non-competition agreements, it goes this way: In California, those agreements aren't worth the paper they're written on EXCEPT...as part of a Personal Services Agreement (read "contract"), or PSA. These are voluntarily negotiated by both the employee and the employer. The PSA can contain an enforcable non-compete in return for above-scale compensation, vacation, terms of separation and other valuable consideration.

Check with your lawyer, because that's not generally true in California.

Generally, non-competes are only enforceable after termination of employment in connection with the sale of a business or the dissolution of a partnership, under California Bus. & Prof. Code Sec. 16600, which states "[e]xcept as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void."

Again, though, while this is a general rule, your mileage may vary, and you should contact a lawyer.

Greg
(a lawyer, but I'm not representing you, and I'm not giving legal advice here)

 

[SFStatic]

Thanks for the clarification, counselor. As I stated earlier, California courts have held that the no competes are only good for a 50 mile radius, so a Sue Hall could work in either San Jose or Sacto. This is not to be construed as legal advice, nor as a free initial consultation.