The Non Compete Clause

The "non-compete" clause

New Thesis:

In society today the "non-compete" clause has gained more and more publicity. In certain industries the non-compete clause is essential to protect employers investments in their personnel. A fine example of this is in the radio industry in Florida. In 1987, the Florida appeals court reexamined a case where disc jockeys had signed a letter of agreement with a rival station during the prohibition period of their non-compete agreement. The disc jockeys were not working at the time, but were receiving a monthly stipend from their new employer. The Appeals Court was to decide whether or not their "agreement" violated their original non-compete covenant and whether or not damages should be assessed.

The decision by the court is very important to employers and also to employees. It is my opinion that the non-compete agreement is of paramount importance to society as a whole, especially in the entertainment industry. Similar to property rights, the non-compete agreement ensures that a companies investment in their talent will be worthwhile, or at least protected.

Outline:

I- Intro

a- Thesis (pp1-2)

II- Body (pp2-?)

a- Why the controversy? (cite Jeffery Gitomer article)

b- Definition of Florida non-compete clause

c- Importance of limited and defined parameters (Gina Fraone article) (Infinity Radio, Inc. v. Whitby) and versus trade restraint (common law) (Frumkes v. Beasley-Reed Broadcasting of Miami, Inc.)

d- Main Case (T.K. Communications, Inc. v. Herman)

e- Examples of other states