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.