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To: raccoonradio
I agree: without Howie, it's not the same show at all.

Is there something so utterly different about employment law in the radio world that prohibits a no-longer-contracted person from working for whomever he wants? I am not an attorney (although I did go to law school many years ago), and perhaps someone will shed some light on this subject. If an employment contract contains a contingent clause allowing the employer a right of first refusal and/or the right to match an external offer, why isn't the employee free to accept or reject such an offer at will?

This makes utterly no sense to me. I can understand why WKRO wanted a right to match another company's future offer to Carr, but why would he be bound to accept it? If he explicitly agreed to do so at the time the original employment contract was negotiated, then perhaps he ought to get a new attorney.

26 posted on 09/24/2007 6:28:14 AM PDT by andy58-in-nh (Kill the terrorists, secure the borders, and give me back my freedoms.)
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To: andy58-in-nh

“If an employment contract contains a contingent clause allowing the employer a right of first refusal and/or the right to match an external offer, why isn’t the employee free to accept or reject such an offer at will?

This makes utterly no sense to me.”

I think Fybush’s question about what it means to match the offer should be considered more. While WRKO could surely match the financial part of the offer if they so desired, WOULD they match the working conditions? The preferred shift, the removal of the threat of pre-emptions for sports, and other concerns that made for all-around unpleasant working conditions for Howie. So even if they offered him the same MONEY, they’re still not matching the OFFER.


28 posted on 09/24/2007 6:40:49 AM PDT by smalltownslick
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To: andy58-in-nh

I think Entercom is saying that Howie IS contracted, to
them...because they matched WTKK’s offer, and there’s the rub.
Does the offer include: morning show? on an FM station?
no Red Sox pre-emptions? etc. or is it just a case of salary.

Howie’s WRKO salary was better than WTKK’s actual BASE offer.
WRKO paid him $790k and the orig. offer was for $50k less
per year; WTKK offered him maybe $500k but with a lot
of incentives that would be paid if he hit certain goals.
Entercom can say, “Well, we don’t know yet if he’d hit those goals because he hasn’t started working there, but there you go: we give him $740k, they’re offering $500k. Case closed.”
Or actually maybe WTKK’s offer was closer to WRKO’s
than that, but WRKO argues they MET his offer.

But...what about the incentives...?

>>If an employment contract contains a contingent clause allowing the employer a right of first refusal and/or the right to match an external offer, why isn’t the employee free to accept or reject such an offer at will?

Don’t know but the right of first refusal is why Howie isn’t on WTKK yet.

>>why would he be bound to accept it? If he explicitly agreed to do so at the time the original employment contract was negotiated, then perhaps he ought to get a new attorney.

good point


29 posted on 09/24/2007 6:42:20 AM PDT by raccoonradio
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To: andy58-in-nh

We can’t understand it, because we don’t know the actual language in the contract with Entercom. It sounds like it’s an automatic extension for 5 years if WRKO matches the contract within 6 months of the expiration date. If they are only required to match his salary, Howie may indeed be screwed.


32 posted on 09/24/2007 6:52:51 AM PDT by Andy'smom
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