Non-Compete Michigan

[mjbrogan]

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?

Any input is GREATLY appreciated!

 

[cbg]

Despite the fact that you have posted this question on at least four free legal sites, ONLY a Michigan attorney can give you anything more than a guess or an opinion.

Will you please just show it to one? That's the ONLY way you're going to get a definitive answer.

 

[Michael Wechsler]

ROFLMAO cbg...

I just answered a question like this right here about non-competes. It's a general answer. But this issue is a little different.

1) Unless we see the whole document, we are taking stabs in the dark.

2) It's also complicated because the wording is a little vague and not of the kind that I would have used. It says "...Employee shall not appear, perform, or allow Employee's voice or picture to be heard or transmitted live or by recording on any radio or television station..." Call me a little dense but it may sound like a restriction about you being "on air" and not in an "off air" capacity. They may not want you "performing" or "appearing" on air - or even having a transmission of prior recorded work of yours even if you aren't there in person.

You can ask a Michigan attorney and he/she would know better (as the law in this area is state specific) but even so it's hard to tell. If it's vague and poorly written then it helps you more than it hurts. Good luck with this but don't rely on my reading if you decide to take the job.

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?

Any input is GREATLY appreciated!