Doing promos while during noncompete

[fremont]

I hear the Groz's voiceover promos on 710ESPN. He starts in early August. No mention of him explicitly before, now every other ad is aboout him with his voice.

Typically, can you record voiceover promos while still under a noncompete?

 

[Jay Peninger]

I would think typically not, but that's not to say that somebody might have worked a deal to let that happen...

 

[Goat Rodeo Cowboy]

It has been a few decades since my one encounter with a non-compete agreement.

Not all non-competes use the same language. Some will be more restrictive than others.

Enforcing a legal "privilege" is not free. Sometimes big companies violate a patent because they know the patent-holder can't afford to enforce it. The same could be true with non-compete agreements in some cases.

State law and previous legal cases can make a difference. Some states have laws that presume a worker should be given maximum leeway to exercise their trade. Some times a careless judge will leave a legal precedent hanging out there that can be helpful to one's position in a non-compete wrestling match.

And as the previous poster indicated, sometimes a bit of cash will calm down the station that owns the prohibitive side of the agreement.

 

[vivalamusica]

All contracts are drafted differently. And, non-competes have to actually be enforced to work.

 

[Jay Peninger]

All contracts are drafted differently. And, non-competes have to actually be enforced to work.

That made my brain hurt. Don't most companies only really care about non-competes because they are usually paying people not to work for them, and if said person violated the no compete it could release the company from its legal obligation as well???

If it were me I would keep my mouth shut and podcast like Tom Leykis & Adam Carolla until said no compete was null and void.

 

[Goat Rodeo Cowboy]

Don't most companies only really care about non-competes because they are usually paying people not to work for them, and if said person violated the no compete it could release the company from its legal obligation as well???

I don't pretend to know the status of most people who are resricted by non-compete agreements. I fguess there are the "stars" who have been taken off the air and continue to be paid, and if I were a judge I would probably not feel the employee was being "molested" by such a contract.

Through the years the great masses of on-air people affected by non-compete covenants DO NOT continue to receive pay. Through the years it was traditional to ask new employees to sign an agreement that after leaving the station they would not be employed by another station within (xx) miles of current employer for a period of (xx) months after leaving the current employer.

Courts in some states have allowed such contested agreements as legal and binding. Other courts have ruled that it is not legal to deprive a person of the "right" to earn a living.

Courts have not been too receptive to agreements that prohibited ALL FORMS of employment within the restricted area. It is assumed that if a station paid your relocation expenses to come work for them, and they spent money making you a known name in the market, you should not be free to resign, walk down the street a few blocks and go to work for the competition radio station the next day. But apparently some stations have been so aggressive with non-competes that the agreement would not permit you to work locally as a used car salesman or sell clothing in a mens store while to waited out your restricted non-compete time frame. My memory is that some states have passed laws restricting that kind of non-comete agreement. (There are other industries besides radio that have requested/demanded non-compete agreements.)