Conclusion: I recognize that there are only a few jobs and that there are many candidates. There is a legal concept that provides for agreements like this, especially if the effect is to deprive the employee of any real bargaining power when you feel you have no choice but to accept the agreement (“take it or leave it”). These are called “membership contracts” and unfortunately make up a large part of the trade in this industry. However, if you can pay attention to the different moving parts and learn how to negotiate without exaggerating, you can turn an inappropriate agreement into something tolerable and even useful. Utah followed other states that enacted laws prohibiting non-competition for broadcast journalists, including television and radio announcers. During its 2018 session, the Utah Legislature passed House Bill 241 (HB) and Governor Gary Herbert signed the bill through. The new legislation prohibits non-compete obligations for employees of radio, television and cable companies, including on-air personalities and advertisers who earn $913 per week or less (i.e., $47,476 per year). Non-compete obligations for employees who earn more than that are not prohibited. Reassignment: This is an area where new journalists should be sensitive. It is very, very common for employers to reserve the right to reassign you.
As mentioned above, this makes sense from a management perspective. If I hire you as a journalist and it`s only after I hire that I discover that you can`t write or go through a live recording without tripping over yourself, why should I be contractually obligated to keep you on air? You can understand this logic. The problem is that it has led to language that gives employers a very lot of leeway to reassign people. Executive producers are reassigned to produce nightly programs. Anchors become one-man bands. Horror stories about reassignment abound. Such provisions generally require you to “perform other duties, including but not limited to production, photography/videography, editing, writing, reporting, order management, as well as other newsroom duties that may be identified by the employer in the sole and absolute discretion of the employer.” This almost always appears in a broadcasting contract in one form or another. While there are various legal theories that could support a claim based on an oral promise, you should know that when you sign an employment contract, you accept the language contained in all four corners of the agreement, and NOT with the verbal promises made to you by the news director. Here`s another section of a TV deal that can be a cause for concern. Many TV channels want to make sure that their employees behave legally and morally. Violation of this part of the agreement is one of the main grounds for dismissal.
Term: This is the “duration” of your employment and the standard employment contract in the broadcasting industry usually lasts two to three years. Much to the chagrin of young journalists who just want to build a cassette and move on to bigger markets, broadcasters want to keep you as long as possible. Remember, the longer you are there, the more valuable you become to them. Just as you learn how to use the equipment, present and develop story ideas, and generate stories, the community learns to recognize your face. Even in markets that do not rely on Nielsen gauges but occasionally conduct surveys, viewers are asked who they remember, who they identify with a particular station. For this reason, you are unlikely to encounter a one-year employment contract. It`s just not worth it for a news service to teach the community that they can trust you to be part of that station`s brand just to make you disappear. Admittedly, the length of these deals often intimidates young journalists, largely because they move to small, remote towns to start their careers.
Depending on the potential employer, you may be able to negotiate certain “exits” that could result in you being fired from your job when a particular event occurs (e.g.B. a job offer from a market in the first 75, a move by the spouse or a job offer from an employer not affiliated with the expedition). In my experience, employers in small markets understand the motility of the industry and are often willing to negotiate reasonable “market-specific” broadcasting agreements. For example, if you sign a three-year contract in market 170, the employer may agree to give you an “out” (or release) in your third year if you can prove that you have a bona fide job offer from a broadcaster in a top 100 market. Do you ever watch a particular news program because of the news anchors or do you listen to a certain radio show because of the advertiser? Viewers and listeners typically listen to shows based on their entertainment or commitment, which is often a byproduct of the advertiser`s kindness and sympathy. The best radio, television and cable personalities have a certain identity on air that viewers and listeners find attractive. In short, they have an engaging media personality that viewers connect with. This character bears a certain seal of approval, and media personalities sometimes even become icons. If they are perceived as the true “face” of the show, the broadcaster`s loss of talent could have a devastating effect on the show`s ratings. In fact, there is usually a provision in employment contracts that says exactly that; it is a merger clause or an integration clause and usually appears under the heading “Entire Agreement”.
The idea of this provision is that you contractually agree that this letter – the contract – constitutes the entire agreement between the parties. Dismissal for “just cause”: This usually includes an entire section in employment contracts and provides for when you can be dismissed for just cause (as opposed to dismissal without cause). You need to take care of how the “cause” is defined. Usually, this is a violation of the agreement, including a refusal to perform the assigned tasks, non-compliance with manual instructions, behavior that harms the reputation of the employer (think DUI), insubordination, criminal behavior, etc. They understand the situation. The problem arises when employment contracts include even broader language in their definitions of the case. I recently looked at a contract that provided that an employer could fire an employee if the news broadcast to which he or she was assigned was eliminated. Other treaties include “ethical misconduct” in the definition of “cause.” Obviously, the broader the language, the more SUBJECTIVE the language, the more discretion the employer has to fire you for cause, even if it is not deserved. You should read this section of your employment contract carefully and understand the leeway you are giving your new boss to fire you. If you are fired for cause, you are generally not entitled to severance pay and may not be eligible for unemployment based on state law and the reason for termination indicated by the broadcaster.
For on-air staff, the broadcaster needs time to promote you, and the audience needs to familiarize themselves with your name and face. That`s why many on-air contracts, especially for anchors, start at three years. “Outs”: These usually never appear in a first offer, but are often available on request. The concept is that you are bound by the contract in its current form, unless a specific event occurs that would allow you to withdraw without breach. If you find that the potential employer is not accepting a salary or lump sum damages, you may want to consider requesting that one of these “outs” in narrow terms be added to your agreement. The following is an example of “out” wording: “The station agrees that at any time during this Agreement, if the employee receives a written offer of full-time employment from a television station located in one of the fifty (50) largest television markets in the United States.
