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Non Compete must've been enforcable

T

Terriblejock

Just heard Big Dog on 105.3 yesterday. Guess He's going by the name David Wild now. But if my math is right it's about six months after he left 101. Wonder if this means they enforced the contract?
A lot of people kept saying these non competes weren't enforcable in Texas, because of right to work/at will state laws. Guess this would be an indication to other Wilks employees that jumping ship might be a real bad idea. Also does anyone know if these contracts are enforcable outside of Lubbock? In other words if a DJ was to leave to another market would they be able to legally work?
 
Terriblejock said:
Just heard Big Dog on 105.3 yesterday. Guess He's going by the name David Wild now. But if my math is right it's about six months after he left 101. Wonder if this means they enforced the contract?
A lot of people kept saying these non competes weren't enforcable in Texas, because of right to work/at will state laws. Guess this would be an indication to other Wilks employees that jumping ship might be a real bad idea. Also does anyone know if these contracts are enforcable outside of Lubbock? In other words if a DJ was to leave to another market would they be able to legally work?
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Without knowing him personally, I'd hate to speculate but most of these situations I've seen wind up in some kind of compromise. The NC is for a year, but both sides agree to knock it down to six months, for example. That way both sides feel okay about getting something, and nobody has to pay for a lawyer. As for just being in Lubbock, most of the ones I've seen (and signed) have a specific location on them, i.e. Lubbock or a ninety-mile radius around Lubbock.
 
I had a former station owner tell me once the easiest way to shut down a non-compete was to refuse to sign it unless the station would agree to pay you your full salary during the non-compete. "Tell them that if they're going to keep you from earning a living they have to compensate you."

I asked him if anyone had done that to him. He said no, but when he sold his stations, that's why he remained on as "President" of the cluster for a year after the sale.

I've never been asked to sign a non-compete so I haven't had reason to try it. You've got to have a brass set to stand up to a station owner like that, though.
 
johndavis said:
I had a former station owner tell me once the easiest way to shut down a non-compete was to refuse to sign it unless the station would agree to pay you your full salary during the non-compete. "Tell them that if they're going to keep you from earning a living they have to compensate you."
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The wording of the contract usually says you accept that the compensation paid over xx months will be your total compensation for the period of xx months plus the non-compete period. So if it's a 3 year contract with a 6 month non-compete it will say you agree that the compensation you receive over 36 months will be your total pay for the 42 month period. They essentially say they're advancing you the pay for the non-compete period.
 
if it were me, i wouldn't sign a non-compete,UNLESS they paid me more money in order to sign such an agreement. i think you have to ask yourself WHY would you sign away your rights, to a Company that might on a WHIM not want you in the future? without protecting YOUR RIGHTS to EARN A LIVING in your chosen field wherever you want? if they want to take MY right to earn a living it comes at a price. having said that, i have fought 2 non-competes and WON both of them, in much more Liberal states than Texas.
 
To those who won't sign a nc....good luck getting a job that includes a contract. They're in every one of them.

The point of a contract/deal is for protection for both sides. They think you're a hot commodity so they want to lock you up (even after employment ends) and you get some security knowing you have a gig for xx years. Both sides are penalized if someone cuts it short.

Contracts are rare in a market like Lubbock. In Wilde's case it probably is in the employee handbook for most air staff and sales people when they are hired and required to sign it.

It's like dancing with the devil in the pale moonlight...
 
you are correct, for MOST people in the medium and smaller markets, the Non-Compete doesn't come with a contract for a length of time of employment, i have no problem signing one on that basis, because you are at least guaranteed a job for the time of the contract most of the time though it is shoved under your nose.."Sign it or you don't get the job"... and the company can NOT only fire you for NO REASON they can DENY you employment after they do it! WHAT'S IN IT FOR Y O U? I WILL not SIGN an agreement like that UNLESS they agree to PAY me for giving up those rights, and i would make sure it covers the time of the non-compete, up front. without that, in my view non-competes are a form of Employment Slavery, that NO ONE has the right to ask for.
 
WhoDat! said:
if it were me, i wouldn't sign a non-compete,UNLESS they paid me more money in order to sign such an agreement. i think you have to ask yourself WHY would you sign away your rights, to a Company that might on a WHIM not want you in the future? without protecting YOUR RIGHTS to EARN A LIVING in your chosen field wherever you want? if they want to take MY right to earn a living it comes at a price. having said that, i have fought 2 non-competes and WON both of them, in much more Liberal states than Texas.
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And that's exactly why they continue here....the court are super-friendly towards the employers. Remember where you are before telling us how you can take someone to court...and win.
 
i'm not worried about it, like i said IF they want to BUY my Right of employment it comes at a cost, so i'll either work where i want,OR thay can Pay me not to work if they want me to sign a non-compete, that way, they might think twice about letting me go on a WHIM. think about it,if someone WANTS you to work for them, shouldn't YOU have the upper hand? there are alot of radio stations out there, OR screw em', work where you are not Slave, to them even AFTER they don't want you.
 
mmnassour said:
Indeed, but when they want to fire you, they always have the upper hand....at least in Texas, they do.
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fine, let them fire you, but they DON'T have the right to deny you Employment somewhere else because they don't want you. its simple, don't sign a non-compete, fight it, or negotiate the non-compete agreement up front, or walk away from a job offer that gives them everything and you nothing.
by the way i know of one non-compete that wasn't enforced(it depends on who wants to enforce it) 2 people walked out of one station and right into another job across town here. lew dee & diana
 
WhoDat! said:
by the way i know of one non-compete that wasn't enforced
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There can be "outs" in the contract where the talent purchases their freedom. There are also non-competes that are very specific, i.e. you're not going to station x or you're not going to a direct format competitor, etc. during the non-compete period.

And every now and then someone will work right through the non-compete period without a contract. That's usually when they can't come to terms and the current station is gambling that no one else in the market wants them.

And sometimes people are just let go. The station and talent may have agreed during the downturn for a cut in pay in exchange for-- among other things-- losing the non-compete.
 
fine, let them fire you, but they DON'T have the right to deny you Employment somewhere else because they don't want you. its simple, don't sign a non-compete, fight it, or negotiate the non-compete agreement up front, or walk away from a job offer that gives them everything and you nothing.
by the way i know of one non-compete that wasn't enforced(it depends on who wants to enforce it) 2 people walked out of one station and right into another job across town here. lew dee & diana
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That's all nice and good, but look at the reality; radio jobs aren't exactly booming right now and if you won't sign that no-compete on their terms, there is someone behind you who will. Lew Dee and Diana had the benefit of a long career in Lubbock and didn't have to sign a no-compete because they were popular. David Wilde, and most others in Lubbock radio, are just regular old DJs. This is their career; this is what they do. If they don't sign the contract they don't have a job. It's very unfortunate for all radio personalities in Lubbock that this was upheld. It really puts a stranglehold on everyone.
 
i think i'll ask my wife if she will sign a Non-Compete, if i dump her she can't get married or date anyone for a year. ;)
Yes, just as ridiculous.
 
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