NON-COMPETES IN MAINE

[ray ting]

Let me be proper and start a new thread on a topic that was discussed in the WWBX Morning Show thread.

Non-competes for air talent -- from radio jocks to TV news anchors -- are unenforceable in the State of Maine. There was specific legislation passed just a few years ago to codify this. I don't know that it is illegal per se to try to make air talent sign one, but if I were a radio manager who fired someone for not signing, I wouldn't be sleeping too well at night right about now.

Non-competes for sales workers in Maine media, however, ARE enforceable.

 

[Erie_Lackawanna]

by law, they're not enforceable for broadcasters. but tell that to Mark Persky who was the most recent "sit it out" victim when moving from 'blm to 'fnk. the hardest part is dealing with a company that has a fine law firm on retainer who enjoy slowing the wheels of progress with litigation.

 

[Pliff]

We all understand why any station owner would want to protect their assets. However, the manner that Clear Channel has approached this matter is unacceptalbe and unprofessional. From what I understand, it's not corporate, it was the local Market Manager who called the shots. He obviously lacks skills in human resources.

What would any intelligent person expect from a staff who is pressured to sign a non-compete - in the manner that it was? If you want to build morale and loyalty...that's the LAST thing you would want to do.

DUH!!!

 

[Radiodeity]

What would any intelligent person expect from a staff who is pressured to sign a non-compete - in the manner that it was? If you want to build morale and loyalty...that's the LAST thing you would want to do.

In a state where non-competes are not legal (as opposed to illegal I guess) it would seem it might be close to extortion to be made to sign a contract. But after having to go through that very same thing once, I found out you may have recourse (check the laws in your state).

If you are required to sign a non-compete in order to gain broadcast employment, they may have to pay you – either up front or at the back end. Meaning either 1) a “signing bonus” up front or 2) they pay you to sit out the 6 months or whatever while the contract runs out.

At least in some states they can’t stop you from earning a living and sitting around waiting for 6 months with no income isn’t earning a living. They have to honor the contract also, but then again they may have their shark-like lawyers drawing up an “it’s all in our favor, screw you” type contract. So you might ask that your attorney be allowed to read over the contract before you sign on the dotted line.

At least that’s what I was told by a former co-worker who actually did have a broadcast attorney on retainer.

Oh - and they really don't care about morale and loyalty. All they have to do is call a few markets over and voices from afar magically show up on the air and you, my friend, are eating spaghetti, pork and beans and watching daytime soaps trying not to swallow your pillow in a rage of disgust.

Well... there’s always barber college. :-\

 

[Pliff]

I hear ya! Oh, the "compensation" for signing with Clear Channel was a "slap-in-the-face" 40 bucks.

 

[toongrl]

In the CC situation, several employees' attorneys were consulted and various answers were received, but a few said the agreement could be enforced in the state of Maine. Also...MAB was consulted as well and the answer was the same....non-competes were enforceable, BUT that judges USUALLY ruled in favor of the employee ...IF the case was where the employee signed a non-compete but then quit and the company sued. The courtroom result of NOT SIGNING was unknown.
The Bangor non-compete situtation was isolated. Augusta CC does NOT enforce non-competes as well as other CC clusters. This was a GM decision made to look like a 'company-wide' act. Could it be...the GM was 'getting back' at those employees that knew far to well...his substandard management skills and that had 'complained' about him prior to their dismissal??

 

[Pliff]

You nailed it. His "sub-standard" managing skills are not doing him any favors. I haven't heard one postive attribute about him.

 

[toongrl]

I don't know how he sleeps at night. But when you have no heart, brain or soul...I guess it's easy!

 

[Osama]

by law, they're not enforceable for broadcasters. but tell that to Mark Persky who was the most recent "sit it out" victim when moving from 'blm to 'fnk. the hardest part is dealing with a company that has a fine law firm on retainer who enjoy slowing the wheels of progress with litigation.

It would appear that particular non-compete was kind of a public service.....

 

[argytunes]

:

Ahhhh....wouldn't it be nice to have those wonderful days back again?

You know...when an on-air personality or jock could just do a professional job during an airshift, a little productio or writing...and not worrying about "a fresh out of broadcast school" radio wannabee being hired at minimum wage to take over his (or her) job!

Anybody interested in joining me in a chorus of the song: "BACKSTABBERS", which was a major hit a few decades ago by the Ojays? Seems like several of the lyrics still apply today?

argytunes

 

[Radiodeity]

Ahhhh....wouldn't it be nice to have those wonderful days back again?

You know...when an on-air personality or jock could just do a professional job during an airshift, a little productio or writing...and not worrying about "a fresh out of broadcast school" radio wannabee being hired at minimum wage to take over his (or her) job!

I hear ya... But we aren't there anymore. When Broadcasters were taken out of radio and replaced with Investors and Accountants was when radio went down the crapper...

Reminds me of a television commercial I saw recently. It was for some auto brand - I really can't remember which one - and it was bragging about having something like 352 robots assembling your car as the robots danced all around the vehicle.

What I'd like to see is a radio commercial with 352 radio automation systems dancing around a cauldron of CA$H while a few Investors are walking out of frame with armloads of money laughing all the way....

 

[argytunes]

Hi Radiodeity!

I actually liked your commercial suggestion. Here's another...

The spot opens with the words: 3 CORPORATE SIGNATURES ARE REQUIRED!

The title is segued to a collection of radio personnel not talking to one another, but anxiously (aka nervously) waiting around for somebody (presumably from the 'corporate sector') to reach a decision about a format change. Or perhaps the airing of a questionable commercial?

At least 3 signatures are required before staff members can do their job(s) in order to get the change implemented or the questionable spot on the air. So time lapse photography shows the period of time from Day #1 (when the staff is clean, neat and enthusiastic) to Day #5 (with the staff looking sweaty, unshaven, more than a little sleepy, and pretty much p***ed off)!

Then...an off-camera announcer voice jdelivers the following lines:

"When a corporate radio group takes forever to 'transmit a programming decision' to their employees...can you imagine how long its listeners have to wait for anything NEW and DIFFERENT to hit the airwaves?

"BRING BACK THE BROADCASTERS WHO REALLY KNOW WHAT 'THE BUSINESS OF RADIO" IS ALL ABOUT----------PLEASE?"

argytunes