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I am in television and want to leave the business. I ...
Sent to Legal Experts October 25 10:57 PM

I am in television and want to leave the business. I have a three year contract with a non-compete clause for other television stations in Indianapolis. I can leave to take a job outside the business right?

Customer (name blocked for privacy)
Answer
October 25 11:16 PM (19 minutes and 22 seconds later)
         
REPLIEDCheck Mark

Dear jdewey,

Yes you can. but, you may still be able to work for other television stations.

First of all, the courts in Indiana do not readily enforce non-compete agreements if they seem to broad, and are for too long a period of time realtive to the issue at hand. If they are too restrictive, they amount ot a restriction on practice of trade. Restriction of trade is not defensible in most courts.

These are hard to enforce. ON many levels.

Lets say you were markeingn and advertising in the one station, but you went to work for a competitor in say finance and accounting. One could say that your position is not in direct competition with the competitor station because you are not directly dealing in the same chains of distribution and customer base. On the other hand, if you were in a position to share and take advantage of proprietary information, patents and other trade secrets and intellectual property, in direct adversarial competition,then they might have a case. A lot depends on the position you hold.

Read both pages at this link: http://employment.findlaw.com/employment/employment-employee-job-loss/employment-employee-non-compete.html

The answer is that you can leave and take jobs outside the business for sure, and some jobs within the business.




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
Reply
October 25 11:29 PM (12 minutes and 44 seconds later)
         
Reply to Ed Johnson's Post: I want to completely get out of the business and I gave my boss two-weeks notice today. He said I was under a contract. I said I am leaving the business and not going to a competing station. I am going into a management training program. Should I move forward with my plans to move? He cannot force me to stay... a contract does not lock you in not matter what right? How should I proceed?
Answer
October 25 11:34 PM (4 minutes and 34 seconds later)
         
REPLIEDCheck Mark

Dear Customer (name blocked for privacy),

In a free will employment state, in the absence of a contract, you or the employer can terminate the relationship without cause or penalty. However, if you have an employment contract then you have to abide by its terms in regard to termination and resignation.

It does not lock you in perse, but it may provide penalties for not completing the contract.

the non-compete agreement is ok as far as you leaving the business all together. But, you may have to give up some beneifts or pay back portions of bonuses, etc. be sure to read your contract closely.




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
Reply
October 25 11:40 PM (5 minutes and 51 seconds later)
         
Reply to Ed Johnson's Post: I have read the contract a million times. There is nothing written in there like that. There is just a single non-compete paragraph. Which basically says if I leave, I will not go to a station down the street and work for them, which I have learned, I might be able too. But, I just want to take a job closer to my family, and this has not been the job they promised. Could they sue my future employer to make me stay? I think my boss was trying to scare me. How would you proceed. Just conduct myself like I have two weeks left, and start looking for a place to live?
Answer
October 26 2:01 AM (2 hours and 21 minutes and 27 seconds later)
         
ACCEPTEDCheck Mark

Dear Jdewey,

I am unable to tell you what you SHOULD do. However I can say that you would have not problem with your two week notice and following through on your resignition. Your employer could file suit, but if he has competente legal adivisors, such a law suit will never materialize, as with your inteitinon, you are leaving the business. As long as you are not employed in a similar competing function as the other tv station or if as you say, you are leaving the business all together, you should not fear retaliation.

When you have a job offer from another employer, make them aware of the non-comepete agreement and let their legal team review it. Most likely there will be no issue.




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
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