TELEVISION AND RADIO TALENT

What about your local news anchor? Can she be held to a non-compete which will prevent her from walking down the street to a competitor and start working as a news anchor? Maybe and maybe not!

In Virginia, the same general principles apply to determining the validity of a non-compete in this type of situation. Virginia courts want to know:

· Is the restraint no greater than necessary to protect the employer’s legitimate business interest?
· Does the restraint unfairly restrict the former employee in his/her ability to earn a living?
· Is the restraint reasonable from the standpoint of public policy?

However, it appears that some states have laws which prevent the application of non-compete agreements in the broadcast industry. Those states include Arizona, Illinois, Massachusetts, Maine, and the District of Columbia, according to the American Federation of Television & Radio Artists.

Read a great analysis on this topic from the Oklahoma City University Law Review.

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.