Mark Giardina said:
So explain something to me. From what I was told Rachel's contract had expired and the station offered her a new contract, with less money and she refused. So why then was Rachel held to a no-compete clause which has prevented her from going on-air at another station and Cathy was not? The circumstances seem similar.
The short answer is you have bad information.
Here's the longer one.
Upon expiration of her contract, Rachel was offered a contract WITH a small raise, but no guarantee she'd remain weekend anchor. There was NO pay cut--at least not initially.
She refused to sign because she wanted more money and the guarantee she'd be weekend anchor (which had been a part of her previous contract) As she continued to try and negotiate these things her contract expired. At that point they played "hard ball", saying in sum and substance that, "Because you are no longer under contract, we are no longer obligated to pay you what you had been making under your previous deal...and,further, with no existing Personal Services Contract in place we are only obligated to pay you minimum scale as defined by the union contract with AFTRA" (which would have been less than what she made.)
Cathy , Unlike Rachel, was NOT offered a raise of any sort when they offered a her new deal. In fact, it came with a signifigant pay cut. Period. So, that qualifies as a constructive discharge under union terms and thus nullified her non compete.
So, again, Rachel was different because she was offered a raise and turned it down. Is it fair? Hell no. Theoretically, they could offer her a 1-cent raise (Not 1-percent mind you,) but ONE MEASLY CENT--and she'd HAVE to take it or else go away.
Conversely, (and this is where it gets really screwy) they could have offered her a pay cut of one measly cent, and she'd be free and clear!
That's what makes the whole non-compete thing so unfair and more like indentured servitude than an employment contract. Not to mention how it allows an employer to actually be punitive while holding the employee's neck beneath its thumb, if you will.