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Originally posted by jackrabit1
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The general rule of law in South Dakota (and most other -- perhaps all -- states) is a no-compete agreement is void (the law doesn't like efforts to squelch competition) unless it falls within one of a few exceptions permitted by statute. The employment setting is one of those exceptions. Here's the statute permitting a no-compete agreement between an employer and an employee, SDCL 57-9-11:
"Except as otherwise provided in § 53-9-11.1, an employee may agree with an employer at the time of employment or at any time during employment not to engage directly or indirectly in the same business or profession as that of the employer for any period not exceeding two years from the date of termination of the agreement and not to solicit existing customers of the employer within a specified county, first- or second-class municipality, or other specified area for any period not exceeding two years from the date of termination of the agreement, if the employer continues to carry on a like business therein."
South Dakota law permits the limitation period in the employment setting to be as long as two years following termination from employment and requires a defined geographic area to which the no compete applies. Can a TV station contractually prohibit any competition, direct or indirect, in all media outlets (radio, TV, newspaper) or just in other TV stations? TV reporters including Castora, are reporting in written form too -- blogs; twitter--in addition to reporting on the TV. Jackrabbit1 noted the no-compete could be for six months to a year in length, a true statement -- but, the law states the maximum length of the restriction is two years-- the parties may agree to a shorter period.
Enough of the legal stuff....I have read some of Castora's written reports on sports topics. While I think he is getting to be a pretty good TV reporter, I have been impressed by his writing ability and I think some of his written work has been excellent..
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