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1989

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Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester Apr 1989

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

Publications

This Article discusses whether, and to what extent, a broad-cast news employee may be bound by a contractual provision that purportedly relinquishes his right to contract subsequently for other employment. Specifically, this Article dis-cusses the applicable law of selected jurisdictions, critiques the rationale most often used in defending these covenants ("uniqueness of employee services"), reports the results of a survey regarding industry practices, and discusses the distinctions between legal enforceability and practical enforcement. Finally, this Article proposes changes in the law, including abandonment of the "unique services" rationale and adoption of specialized standards by which the validity of such contract …