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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Non-Compete Michigan

    I work as an on-air radio personality in Michigan. I have a non-compete that states:

    Covenant Not To Compete: Employee is familair with the business of Employer, the commercial and competitive nature of the industry, and the substantial commitment Employer makes in developing Employee as a personality, and Employee acknowledges Employee's extraordinary and unique services and abilities which enable Employee to seek and obtain similar employment outside station's market. Employee further recognizes that the value of Employer's business would be injured if Employee obtained comparable employment within station's market. It is, therefore, agreed that after Employee's employment terminates, regardless of the reason, or this agreement expires (whichever is later), for a period of three (3) months for each year Employee has been employed by Employer to perform on-air services, or for a period of one (1) year, whichever is less, Employee shall not appear, perform, or allow Employee's voice or picture to be heard or transmitted liveor by recording on any radio or television station within a fifty (50) mile radius of Station, as efined in Paragraph 11(c). The compensation in Paragraph 5 of this agreement serves as full consideration for this covenant not to compete.

    (end non-compete)

    My question is this; Will this hold up if I am transferring to radio sales? I will no longer be working as an on-air personality, nor will I be using my fake "radio name". I will instead be selling radio under my legal name. In effect, I am a different person. The only time my voice would ever be heard on the air would be on a pre-recorded commercial on a station that likely has very little, if any, crossover audience. Further, I will be selling in a different radio market, approximately 40-50 miles away and the new radio station's audience would almost NEVER recognize my voice should it ever appear on the air. Also, I have no knowledge of any "insider" information or trade secrets. I am not high enough up the corporate ladder. I only find out out "secret" info when everybody else at the company does. Iam not priviledged in that regard whatsoever. Nor has the company paid any monetary consideration beyond my agreed upon annual salary. They have also not provided me with any paid training whatsoever. The only thing I've gained from the company is two years worth of experience, of which I had 10 years prior to joining the compnay. In short, I have not learned anything since joining the company.

    WILL THIS NON-COMPETE HOLD UP? I have spoken with a friend who isn't a lawyer but is quite educated in the field and he finds it to be unenforcable assuming my voice is not heard on the station where my new job is located.

    Any input is GREATLY appreciated!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Non-Compete Michigan

    As I read the language, I don't think that the non-compete applies if you're not going to be broadcast.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non-Compete Michigan

    This is at least the third board I have seen this question.

    Would you, please, just take the non-compete agreement to a Michigan attorney already?

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