“Entercom fights to keep Howie Carr from defecting to WTKK, Boston. Carr’s attorney Bret Cohen is going to be earning his keep, as Entercom stands ready to claim it has the right to match any other offer and (at the very least) a 90-day non-compete that should keep Howie from starting at FM talker WTKK on October 1.”
If you missed it:
“Carrs contract with Entercom contained both a non-compete and right of first refusal or right to match provision. The non-compete clause prevents Carr from going to work at any other radio or TV station within WRKOs city-grade coverage area for 90 days, according to Carrs lawyers.
The right to match provision purports to give WRKO the right to meet a competing salary offer within 180 days from any radio or TV station within WRKOs coverage area. If Entercom matched an offer, Carr would have to stay at WRKO with the same undisclosed compensation as offered by WTKK.
“But Cohen said both provisions are illegal and unenforceable under Massachusetts law. Cohen said theres a state statute that ‘prohibits the enforceability of non-compete agreements and other post-employment restriction against individuals in the broadcast industry.’
“’If it comes to it, we are prepared to litigate this issue,’ Cohen said.”
(me: don’t be too surprised if legal wrangling might keep
Howie OFF the air—get ready for possible fill-ins or
“Classic Carr”—while all this gets settled, a la
Severin and WTKK...Hang on to your hats. It’s going to
be a bumpy ride.)
I’ve got to buy a hat first before I can hang on to it. LOL