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Non-Compete Contracts

S

SirRoxalot

Why on earth do we sign non-compete contracts? It seems that every company wants to force a non-compete down your throat, with the threat of dismissal if you don't sign. "It's corporate policy. We can't change it."

Well, what if NOBODY signs? Can't we get the bunch of "rugged individualists" who inhabit the airwaves to agree on SOMETHING? Contracts that so blatantly favor the company, and screw the employee, need to be challenged at some point. At the very least, a modified non-compete that allows you to work elsewhere in the market if you're fired without just cause seems appropriate.

Has anyone ever been fired for refusing to sign a non-compete?
 
This is tough issue and I think both sides have legit reasons for wanting them or not. I have one with my employer. I had one with my two previous employers. I see their side because they don't want me going in the GM's office and saying "well the guys across town just offered me $XX,XXX.00 a year to be on their team. What do you got to make me want to stay?" It's just hard to run a business like that. However if you're not happy where you are, I don't see what's so un-American about the pursuit of the afore mentioned! It's your Constitutional Right! What the businesses are doing with the non-compete is saying "you can be happy here or move!" Sometimes that just ain't fair. All I can tell you is I think they're bad, but part of doing what we do. Some states are now abolishing these non-competes because a lot of them are totally unfair. I'd say if you really want to be a stand up guy, call your senator and congressman and see what they can do for you as well. Read up on what your states laws and policies are concerning them and go from there. In Tennessee, if there is a conflict and it goes to a judge, he can deem all or part of the contract unfair and "blue ink" changes or throw the whole thing out.
The point is, know what you're getting in to BEFORE you sign. I had my attorney go over mine and he made a few changes that my employer and I agreed on. So I got the job I wanted, they know I'm not going anywhere. We're both VERY happy. ;)
 
If you want my loyalty...earn it. Treat me right, and I won't go looking for work elsewhere. If I'm happy, I don't take competitor's phone calls...even if a free lunch is involved.
 
JeffMcDermott said:
If you want my loyalty...earn it. Treat me right, and I won't go looking for work elsewhere. If I'm happy, I don't take competitor's phone calls...even if a free lunch is involved.
Click to expand...

(Well, I would eat the lunch. Otherwise...)

Ditto...what he said...
 
Now I know it's different in various places, but it's my experience that non-competes are most often reserved for drivetime airstaff. Outside of drivetime, it seems so many of the airstaff I've been around are working without contracts. So what does this mean? Outside of radio, in other business offices, employees who sign non-competes usually get something in return from the employer, such as a better severance package should they be canned or a clause that makes it harder for the employer to just drop in and fire them in the first place. But that's rarely so in radio, because the employer wants to retain the legalese that allows them to fire any time for any reason. So airstaff who don't sign contracts aren't safe from the chopping block, and airstaff who do sign them aren't much better off. Oh, I do know of some saavy negotiators among air talent and especially those with agents, who have successfully negotiated either more money for signing a non-compete or taking less meaning not to sign the non-compete. But normally air talent are a bit to hungry to take a certain position that they ignore the non-compete until it's too late -- I've know some folks who have signed some really goofy contracts. Let the signer beware.
 
I feel ya brother! As I said, I don't like them. I also don't like going hungry. Until our law makers say they aren't legal, it's what we have to deal with. Like'em or NOT! What gets me really upset about most of them is they're totally unfair. Most are not written to protect intellectual property as they should be. Most are very one sided. Mine ain't that bad! ;)
 
The non-compete will never go away. Lawmakers won't touch it because it effects a relatively small number of people.

What radio broadcasters should do is negotiate contracts that include a severance package (with insurance) that lasts as long as the non-compete.
 
Not if you agree to it. Only ones ever held up in court are those that have considerable consideration attached to the agreement.

Doesn't really matter - companies demand them and other respect them. If you have one, there is little chance anaother company will give you the time of day!
 
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