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NON-COMPETES

QUESTION FOR DAN O’DAY:

I picked up your CAREER CONTROL package, and it got me to thinking about my present situation. If my current contract expires March 15th, would the 6-month no-compete clause still have to be honored if I am no longer under contract? Or would it mean that 6 months after December 15th I could hit the airwaves again?

DAN REPLIES:

If your contract expires but you still continue to work under the terms of that contract (same salary, airshift, etc.), then your employers might succeed in arguing that you had agreed to an indefinite, de facto contract extension.

If March 15 comes around without any renewal or renegotiation of the contract, however, you could advise them in writing that because the station has failed to renew your contract, it has ceased to be valid as of March 16 and you now are working for them on a day-to-day basis and will continue on such a basis unless and until a new contract is agreed upon. In this instance, I would start counting your days to freedom from March 15.

(Here is where I remind you that I'm not a lawyer and that I'm not dispensing legal advice.)

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