If I'm not mistaken, Governor Quinn signed a bill into law that makes non compete clause's illegal in the last year or to.
I don't know the terms of Fogel's contract. If a non compete was written in with no pay, it doesn't mean much. If he had pay written in until the deal was up, and they fired him before that he could of likely stayed home and collected.
If he went to work for CBS than Cumulus does not have to pay him. This means he most likely didn't have much time left on his deal and CBS either bought out the remainder of his contract or offered him more money, so he decided he would rather be on the air.
Steve Dahl was let go by CBS with about three years left on a multi million dollar deal. At the time he was let go the non compete law was not yet a law.
Steve also was being paid millions to stay home, I know Fogel wasn't making that kind of money. Steve probably could have went on the air if he really wanted. He would have voided his deal and would not have been paid the 3 or 4 million left on his contract. The same was the case with WJMK's current morning team. They were fired from million dollar deals from B 96. They waited it out and CBS had to pay them. They do not make that kind of money at WJMK now.
There are still some that have million dollar saleries, not many though. PPM has changed a lot of this, especially for morning drive. It is a rarity to see that kind of money thrown around in radio these days. You have to be pulling in great numbers to get that today.
This is why so many talented radio people are off the air now. Radio, in most cases will not offer that kind of money again. A lot of the big names are not going to come back even if they could, they would not work for what is being offered now, in most cases it is not even being offered.