How to keep on-air talent

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Erwin KrasnowJudy EndejanGiven the increasing disfavor of judges and state legislators against the enforceability of non-compete agreements in the broadcasting industry, should prudent broadcast management use them to keep talent from jumping ship to work for a competitor?  The answer depends on the broadcaster’s goal.  If the goal is to restrict post-contract employment of a local morning personality or a news anchor, a non-compete might seem to be the best option, but the time and expense of enforcement may not be worth it.  If the goal is to prevent a local working for a competitor while still under contract, there are other ways to achieve that goal than through use of a non-compete agreement. The historic justification for broadcast non-compete agreements has been the need to protect the investment made by a station in hiring and creating a strong public image for on-air talent. 

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