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FM 100 fires morning show personality...

From Kidd Kraddick in the Morning Syndication

We make it a point to only jump into radio msg boards when the show is being misrepresented. This is one of those times.

>>No. Kraddick did not succeed here. It may or may not be a good show, but it didn't succeed.

Fact: With all due respect, in Memphis, Kidd Kraddick in the Morning was ranked 2nd 18-34 ; it's target demo (Sept 06). After less than 13 months in the market, in this demo they beat all the heritage morning shows, the CHR, everyone. From a pure ratings standpoint, this cancelation looks foolish.

>>Kraddick does well in Dallas but he doesn't do well in most of the other markets he's on in.


Fact:
Kidd Kraddick in the Morning:
Dallas, TX #1
New Orleans #1
Baton Rouge #1
Wichita, KS #1
Augusta, GA #1
Biloxi, MS #1
Tyler, TX #1
Savannah, GA #1
Myrtle Beach #1
Lubbock #1
Tupelo #1
Amarillo #1
Lake Charles #1
It's one of the most listened-to daily CHR morning shows in the country with a daily cume of over TWO MILLION.

Thank you to Memphis listeners who have been flooding us with phone calls and emails. Read them yourself at (http://www.kiddlive.com/bb.html?where=http://www.voy.com/207915/)

Affiliate Relations
Kidd Kraddick in the Morning
 
HAHAHAHAHAHAHAHAHAHAHAHA!!!

Absolutely priceless!!! :D

I guess "Buzz" just diddled away that HUGE lead in from the morning show!!!!!

Classic example of anyone being able to slant Arbitron numbers to say something favorable about themselves.

It CAN be done. You've just witnessed a pro.

Can I get a witness?
 
To all you vatos at KKITM

My goodness, is this the only affiliate you ever lost?

LET IT GO!!!!

I saw the numbers too. That's why you only mentioned september. You didn't see this coming, when Kidd Intro'd at Beale street Music Fest, and insulted the very station he's trying to keep as an affiliate? You folks didn't see this on the horizon?

What's most funny, is the affiliate relations folks won't stop calling the station trying to keep this talk show on the air. They even had the audacity to call one of the firee's and ask why they didn't get advance warning. (like that person had any advance...) Now they are on this board defending their huge numbers. Hmmm.

While the Tyler Texas breakouts are most compelling, I would suggest you let us mourn the REAL LOSSES to this market, of late. Kraddick was "let go", along with 3 others. Memphis has been through some stuff, and from all the posts I have read, no one cares that Kraddick is gone on this site. Let it go guys. It can't be the first format change Kidd & co. have been through?

Leave the board banter to those who been to the dance, once or twice. CFKane
 
Re: To all you vatos at KKITM

Charles Foster Kane said:
My goodness, is this the only affiliate you ever lost?

LET IT GO!!!!

I saw the numbers too. That's why you only mentioned september. You didn't see this coming, when Kidd Intro'd at Beale street Music Fest, and insulted the very station he's trying to keep as an affiliate? You folks didn't see this on the horizon?

What's most funny, is the affiliate relations folks won't stop calling the station trying to keep this talk show on the air. They even had the audacity to call one of the firee's and ask why they didn't get advance warning. (like that person had any advance...) Now they are on this board defending their huge numbers. Hmmm.

While the Tyler Texas breakouts are most compelling, I would suggest you let us mourn the REAL LOSSES to this market, of late. Kraddick was "let go", along with 3 others. Memphis has been through some stuff, and from all the posts I have read, no one cares that Kraddick is gone on this site. Let it go guys. It can't be the first format change Kidd & co. have been through?

Leave the board banter to those who been to the dance, once or twice. CFKane


The intel has been verified...CFKane DOES have 'nucular' weapons and isn't afraid to use 'em. Nice post!
 
In ONE monthly, Kraddick did well. Oh my god!

Dallas...huge market....the other markets you mentioned.....small. Who cares?
 
Nucular...

Appreciate it saur. I am still Hella pissed that "D-Fo" is gone. We were neighbors for a while, and friends even longer. When I saw her leaving the building in tears, after proving herself, yet again, in the summer book, I was floored. Kraddick, not so much. Maybe I am finally venting? When we doing dinner, saur? CFKane
 
If anyone should know about monthly trends being nothing to base anything on, it should be the people who schlep the Kraddick show. For them to say that they ''won'' because of ''one'' monthly trend--September--
is a rediculous indication that they're grasping at straws. So what that they do well in Lake Charles or Beaumont or Pottsville or Timbuktu? Those are tiny little markets where there's no competition. One monthly trend doesn't build a career, Kidd. You stank up Memphis.
 
I see "KKITM" was a first time poster.

I'm sure they're lurking aorund now, so I'll post this anyway...

KKITM, I'll venture you got such an angry response in part because you are so worried about losing an affiliate for a nationally syndicated show...but for us here in Memphis radio (past or present) there's a lot of our friends who are out of a JOB, and even more who wonder if they might be next. Yeah, it might hurt the KK show in the pocketbook for a while, but at least you won't wonder where next month's rent will com from...

My two cents.
 
The Real Kraddick Story

(P18-34)

Fall '05: 13th (tied)
Winter '06: 14th
Spring '06: 10th
Summer '06: 9th (tied with CHR that you "beat" in a monthly)

A long way from #1 or #2 in the market!
 
DeadElvis said:
Sorry. That view of non-competes is just wrong. Unless, that is how the contract is written.

DE
OK. Like I said, I'm new here and don't know TN law. In California, a non-compete is unenforceable for a talent unless the contractor continues to pay via the terms of the contract. I've seen that many times. Typically, the contractor doesn't want to continue paying, and the contractee is free to take employment with anyone, anywhere. But that's California. What I have seen is non-competes between companies where one company sells a property to the other, and the purchasing entity agrees to stay out of a specific format for some period of time.
 
> OK. Like I said, I'm new here and don't know TN law. In California, a non-compete is unenforceable for a talent ...

Well, it would be less than responsible for me to comment on California law since I have not studied it. CA has extensive Entertainment Law, and only a lawyer well-read in that field should be discussing it. I can tell you, though, that as I write, non-competes ("NCs") remain fully enforceable against a party in TN unless they happen to be a doctor or a lawyer (which is a fairly recent change, based upon public policy). The only other state I have studied on this issue in the past few years in FL; and yes, there, too, NCs can and do survive termination of an employee. Just ask my brother...

But, there is a larger issue here than just whether NCs are truly enforceable. Typically, the employee in these particular situations has far fewer resources than the company they are leaving. Even if this employee has a valid argument why his NC in invalid, that argument is only as strong as his ability to litigate it. Litigation is long, and expensive. Should employee recklessly decide he'll violate his NC, and former employer sues, he'll be in court for months, or even years, and it will cost thousands and thousands of dollars.

Now, I am not against "make-work" for lawyers, but, guys... take your NCs very seriously. Your employer does.

DE
 
The argument to keep an employee from competing against you is based on the fact that he or she is good at what they do and hence you want protection from that skill if they should leave your company and use it against you..it follows, then that if you terminate an employee for something other than misconduct, one could assume that you do not value that employee's skills any longer, therefore they shouldn't be a threat to you elsewhere. Hence, NCs are unenforceable unless the employee voluntarily leaves or is fired for documented conduct not related to job performance.

At least , that would be part of my argument. It's probably been tried, but I've been practicing my lawyerese. How'd I do, DE?
 
> Hence, NCs are unenforceable unless the employee voluntarily leaves or is fired for documented conduct not related to job performance.

Well, that certainly makes intuitive sense, and sounds fair, but it doesn't always work that way. The employer, assuming there is no contractual reason to the contrary, can and often does press NCs even when they off-ed the employee themselves.

As I pointed out above, my brother got caught in such a trap. Fired by CC, he was unable to work in the town (Oddly, it was defined as TV ADI) in which he lived until 6 months passed. I agree, though, this sounds less than equitable, but, that's how the law works.

The key, of course, is to know what one is getting into before signing on. And, if you have any bargaining power (which may or may not be the case), use that power on the front end correct things with which you are uncomfortable. A couple of years ago, my wife was negotiating with a Practice out of state. In the negotiating process, we had a clause written in that would have released her from her NC should she be terminated, or if he contract were not picked up (of course, in her world, NCs have far-reaching effects beyond just having a job). I agree, 'Saur, that's more than fair.

I think I read on here that Steve was released from his NC. That, of course, was the correct and humane thing to do.

DE
 
NC's in California are not part of radio contracts. Jeff and Jer in San Diego have jumped from station to station countless times without having to sit out. I worked in a major CA market in the 90's and my thick contract contained nothing about a NC. I was told by the CA attorney who did the deal for me that they are illegal in that state....courts will not enforce them, so companies don't even attempt to include them in contracts. It all varies from state to state.........but typically, even if you're fired, you'll be held to the NC.
 
When I was fired from Eddie Holliday's stations in Jackson, MS back in September of 2004, I got a copy of my non-compete to take with me. The GM turned pale when I asked for it to. I took it over to show my friend who is an attorney, and when he read it, he laughed out loud and said "this is no problem since you were terminated."

Most attorneys will read through one for you at no cost and tell you if they can break it or not. More often than not, I've heard that in a case of termination that was not the result of disciplinary/work performance action, most companies won't spend the money to enforce the non-compete.

For those who are wondering, just get an attorney to look at it and tell you. Plus, Tennessee being a "right to work" state will help your cause too.

Matt
 
> For those who are wondering, just get an attorney to look at it and tell you.

Excellent advise. For a few hundred bucks (or less), you can save yourself thousands. In fact, don't sign until you get an attorney to make a run through it. It's far better to know the issues on the front end.

Funny... I was talking once with a doctor -- a guy making north of $300k/year -- who didn't know what was in his employment contract, because he didn't get an attorney to read the darn thing. Madness.

> Plus, Tennessee being a "right to work" state will help your cause too.

Nope.

"Right to Work" has to do with organized labor, not non-competes. Trust me, NCs (unless you're a doctor or a lawyer) ARE enforceable here, assuming they are reasonable. Period. And, termination does not need to be for cause -- and, btw, employers can almost always make "cause."

OK, I am starting to sound like a broken record. If anyone has any further questions, they can e-mail me off-list.

DE
 
When I was fired from WOGY, I took all of my papers to an attorney. He said the NC was enforcable since the contract was based in the state of the corporate office (Maryland). If I was to fight it, I would have had to go to Baltimore for the proceedings. Because of this, the kind folks at Sinclair (now entercom) saw fit to allow me to buy out my contract for half of my severence. I did it since I was already working full time at Kiss FM anyway.

So DE, did I get lucky or did I get shafted out of half of my severence? AND is it the same way in Mississippi? and for that matter in Texas where Clear Channel is based?
 
I have signed several NC's in several states.
I've been lucky enough to usually either be released, ride it out (like with Entercom), or defy it and get by with it.
There was one nasty situation in Farmington, NM...that time, I just left and came back to Tennessee.
I Do seem to recall talking to some attorneys, and finding that whether I was given some compensation for signing the NC was a pretty important point.

DE? Clarifiction?
 
Most big radio co's nowadays require talent to contractually agree to arbitrate any claims that come out of the contract...that would include NC's. This means that you agree that an independent arbitrator will hear the case and that you will agree to what he/she decides.... co's do this because it's far more
advantageous to them to deal with an arbitrator than with a judge or a jury. But the time it takes to
prepare and try any NC can last months...and by that time, the NC's often expired.
 
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