I work in radio advertising sales and have a non-compete. Is it valid? Can I the potential employer get sued by the company I'm with should I leave?
Question Details: I've been in advertising sales for 12-years, mainly in radio. I have a non-compete agreement with my current employer that prevents me from seeking employment with any broadcast company that includes all radio companies (4 companies) as well as all TV stations (3 companies) and cable TV (one company) on Oahu. We live on such a small island with a hand full of employers in my field of profession that this non-compete is restrictive and doesn't allow any chance to seek employment elsewhere.
Employment and Labor Law Answers
Non-competes cannot be forever because it would in essence end your career and it would be unconstitutional. Oftentimes, such contracts are limited in duration and mileage. Any contract that is against public policy or too restrictive would be or could be voidable.
Many states do not recognize non-competes as valid and other states have limited their enforeceability. The less restrictive, the more enforceable. Hawaii Revised Statutes Section 480-4 is the section covering non-competes. Here is the link; you will see the "reasonable" standard used in your state: http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0480/HRS_0480-0004.htm
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