At this point in my career, the idea of being subject to a non-compete clause in my contract would almost be a compliment. Either that, or a clear indication that my current or prospective employer is far more concerned with protecting the competition from the likes of someone like me.
Naturally over the years, I have been witness to both the consequences and the payoffs for the journalists required to adhere to these contractual provisions.
Rarely have these things made much sense to me.
As a news audience member, I often questioned the sudden disappearance of an anchor or reporter without explanation only to see them pop up on another local station half a year later.
Why the vanishing act? Why not tell us? Do you think we couldn’t handle this? Regular people back then were not tuned in to industry gossip and who read the trades?
Like any business, changes and moves are part of it all. Baseball players don’t sit out half a season waiting to suit up someplace else unless nobody wants them. Another mic flag, like another uniform, just goes with the territory.
Is there really a company benefit anymore to keeping a former employee off the same, local airwaves? If you’re going to lose me as a loyal audience member it’s because you’re doing more wrong than just shaking up the staff. Examine your predictable content, sparse rundowns and your inability to adequately advance developing and progressing stories.
There’s always a lot there we can jump on but back to those non-competes.
This all comes up of course as the Federal Trade Commission considers a ban on non-compete clauses in employment contracts for most vocations.
As it does just that, the FTC is floating the idea that such a move could create millions of potential job opportunities in this country as well as elevate wages by billions of dollars.
That all sounds nice, too.
From an audience standpoint, we become attached to our news people. We want them at the desk, in the studio, and at the scenes. We know where to find their bylines and we’ve become accustomed to their faces, their voices.
We are fickle, however. If you run out on us with not so much as a note or a warm gesture and then pop up across town after the first of the year, we’re liable to become cranky. The resulting irritability serves no one, not the talent nor either employer whether they be new or old.
We are the audience, we remember, and we hold grudges. Ever take a call in the newsroom from one of us? It ‘aint often pretty.
From the inside, witnessing a colleague or “fellow employee” (if we don’t get along) deal with a non-compete is no less frustrating or inexplicable to me. Who can afford to “sit out” and what is gained from the arrangement?
A reporter making $40k a year in the south (Sorry, make that $30k a year) has to move to one of the Dakotas (offending regions everywhere I go) as opposed to telling stories in their hometown because somehow showing up at different call letters across town is a threat to the industry?
Exactly what trade secrets, protected information, or intellectual property might be at risk of falling into enemy hands at this stage of the game? Who has had work done or how many microwaves are in the break room?
I read it as a power or control move that really only hurts those trying to enhance or advance their chosen professions. I would welcome its demise as its inclusion in work agreements is as antiquated and out of touch as those who require them.
I worked with one individual who was able to literally “work” around his 9-month non-compete after signing with the local competitor. His trick was to move temporarily out of the market, work free-lance and then return after the waiting period was over.
Effective, but ridiculous. How often can something like that happen?
I’ve been presented with non-compete clauses in three scenarios. I point out from the get-go that none of the positions involved were on-air. The idea that producers, editors or assignment desk staff would be required to sign such an agreement is nothing short of hubris and overkill at the highest level.
Industry people at all stages make constant note of the lack of opportunity, growth and stability news people face at the same time management laments about the scarcity of viable candidates and the potential for a next great generation of journalist.
This no longer helps if it ever did at all. Make your case or let the feds do their worst. Go FTC.
Bill Zito has devoted most of his work efforts to broadcast news since 1999. He made the career switch after serving a dozen years as a police officer on both coasts. Splitting the time between Radio and TV, he’s worked for ABC News and Fox News, News 12 New York , The Weather Channel and KIRO and KOMO in Seattle. He writes, edits and anchors for Audacy’s WTIC-AM in Hartford and lives in New England. You can find him on Twitter @BillZitoNEWS.
Non-compete clauses are my pet peeve. At 21 I worked at a radio station where we all had 8-week renewable contracts that had non-negotiable non-competes. The work environment was brutal with a new PD every few weeks. None of us could leave for other openings in town that came up. The GM bragged that these probably aren’t enforceable but do you have the 20-Grand it will take to litigate against us? At 21, no. So we all danced on the floor in the round, to not get fired. SOme of these guys had kids in the school system and would HAVE to move because the non-competes said “if quit or terminated with cause OR WITHOUT.” Glad I’m not 21 anymore. But for those who are and have to take entry level gigs to get in, a non-compete is pure evil.
I don’t know about multi-million deals, but at $25,000 and a revolving door of PD’s in just one year you shouldn’t be forced into a “take it or leave it deal with a non-compete clause.”