Latest on Wease

[Radknowski]

The simple answer, of course, is DON'T SIGN A NON-COMPETE. If EVERYBODY refused, the issue would become moot. If you feel that you MUST sign a non-compete, MAKE SURE THAT YOU'RE FAIRLY COMPENSATED and that you start a "rainy day" fund to help you ride out that contract. One day, the rain will surely fall.

Easier said than done, Rox. The way it works these days, the gun is to the head of the air talent... morning guy, PM drive, middays, nights.... makes no difference. "Sign ze contract, radio boyyyy." It takes a bold (and financially sound) jock to look that one down the barrel and say "I'm walkin'."

These days, the choice is radio or painting houses and slapping mud on drywall. Most radio guys don't have a family business to fall back on if and when they want to cash out.

New York is an at-will employment state. The employer has the right to fire the employee at will, with or without cause. The employee has recourse in a court of law upon termination, but going to court isn't cheap, unless your brother-in-law is an attorney, in which case, it still won't be cheap because you'll be cleaning his gutters, cutting his lawn and shoveling his driveway for the next twenty years... and that's if he LOSES your case. If he wins... you're totally screwed!

From what I've read, arguing a non-compete is tricky in New York State. Channel 7 sportscaster John Murphy apparently got lucky. He had good legal counsel, the dispute was heard in a Western New York courtroom and he drew a judge who was sympathetic to him within the rigors of the law. As such, the judge ordered the parties to compromise, the judge held him to the non-compete but (reportedly) cut it from one year to six months.

Negotiating is a high stakes poker game. The employee has to show the employer that there are options... bluffing is stupid, as is attempting to try the case in the press. The suits ain't dummies, they have twenty lawyers working for the company and these days they really don't give a rat's assets if you stay or go. There's always another warm body that will read the news, do the sports, play ten in a row and/or read the liners. If and when you do leave, they'll do everything they can to make sure you're not crossing the street for a while.

 

[luvcoors]

NY is very much a right to work state and ANY non-compete can be taken to court regardless of being paid or not being paid. There's also a few other inaccurate statements in this thread.

1. The other 4 air talents that were let go in December...did not sign an Entercom contract before the sale went thru.

2. None of you know EXACTLY what each person made or would make going forward, so how can you make an valid assumption of why each side did this, that, or anything?

It's amazing to read most of the "analysis" on this site from the so-called experts of radio and media. About 10% of it is actual well thought out reasoning and ideology. The rest is purely a giant laugh...since most of the responses come from people that left the business years ago or weren't able to perform for a variety of reasons.

It's 2008...radio is different now vs. radio in 2005...which was different than radio in 2001, 1995, 1990, 1980, & 1975. Stop using the past to try and show your "knowledge". It obviously didn't work then, which is why it won't work now.

It's amazing to see how things change and how quickly some of you "experts" are quick to jump and analyze the whole situation...while making offensive posts about a person that has "fallen" or hit bad times....but you don't know a thing about the situation.

Here's the actual fact....

1. Wease and Entercom went back and forth on a new deal for 7 weeks and couldn't come to an agreement. Both sides discussed it within the local Rochester media and tried to position themselves to the public for obvious reasons. No big deal...part of the business.

2. 99% of current contracts have some form of a non-compete clause in them to protect both sides to some degree. Whether or not Wease has one...I don't know unless I ask him. It becomes a "burden of proof" for both sides to prove that it's valid or not. Entercom could claim that it should be enforced for a variety of reasons including...

-Claiming that Wease intentionally let his old deal expire, thinking he if couldn't do a new deal...he could walk to another employer and begin his new show ASAP.

-That he violated other parts of his contract before it expired...which would also trigger the enforcement of the non-compete since he was trying to get fired.

It's all in the presentation of their argument and how one could interpret the deal. CBS and Wease signed it years ago...but both had provisions in place to protect one another during the deal and at it's expiration.

Wease can choose to have the non-compete challenged (if there is one) for a variety of reasons as well...

1. His attorneys could argue that based on Wease's history and performance, Entercom made a less than fair market value offer in it's new contract figuring he'd eventually either cave in and sign....or not. A judge or arbitrator would have to decide based on ratings info, revenue info, etc.....what a fair market offer should have been. If it's decided that Entercom violated the terms of fair negotation, the non-compete would not be in effect. That's simple fact!

2. His attorneys could argue that Entercom's public statements in regards to his contract dealings were meant to cause him harm and damage his value going forward to prospective employers. Since when does the GM in market #52 need to speak to the media about contract talks....regardless of who the talent is? Again...it's all subject to interpretation by a judge or arbitrator.

Does any of this happen our economy wasn't bad and radio companies are more concerned about Wall Street than a good product? Does this happen if CMF was taken over by a different owner? Does any of this happen if....if...if...a lot of things were different.

I love radio...I've spent 15 great years with a lot of fun, stories, friendships, and so much more....I'm hoping to do another 25.

Give your opinions....but PLEASE stop saying the following....

"Someone told me he makes this or did that..."

"Back in the 80's...we used to kick butt cause we did this"............

STOP the nonsense and start living in 2008!

 

[SirRoxalot]

Coors? Instead of Canadian?

Gee, 15 years in radio and he knows it all.

Thanks for enlightening us old folks. It will be interesting to see how you feel if you last another 25 years in the biz.

 

[luvcoors]

Rox....I'm surprised a bit. Usually, you seem to be a voice of reason....but you just made my point. I stated clear fact and opinion about Wease's situation and my thoughts on it.

Never claimed to know it all, just pointing out my opinion of what I've read on this site for almost 6 years...it's mostly armchair QB's that don't have realistic view of the current biz and are stuck in the past.

About lasting another 25 years...you may be right...I might switch careers in 10 years if I find radio and my views on it to be very different.
I'll make that choice when it comes. It's just disappointing to read most of what is on this board on a weekly basis...a lot of brutally bad discussions of topics by people that are so far removed from reality in the current state of radio.

Think about this...what's the biggest problem in the biz today? It's people unwilling to adapt how the use of new ideas, technology, & the lack of attention being to paid to the current plethora of younger, talented, & creative programmers and talent. Too many large salary getting suits resting on what they achieved 10 years ago in a different era of radio. Now their decisions have created the current state of radio...everyone's in debt, making less money, and turning their product into a robotic sounding product.

 

[SirRoxalot]

New Blood

Coors, welcome aboard. Perhaps your opinions will become more highly valued as folks here get to know you better.

I absolutely agree that the suits - and mostly the suits in office suites in NYC, Dallas, or other corporate headquarters - have ignored talent development in all areas. Their idea is that talent gets in the way of music programming, with a few exceptions who should be VT'd or syndicated because they're "special". They have no idea that there are a LOT of "special" talents out there, who deliver day after day, building relationships that help bring the dollars through the door. All they see is "cost" on the balance sheet.

Current program directors are computer whizzes who have little time or experience developing young talent. GMs are under enormous pressure to hit higher and higher budgets while reducing expenses. Sales managers are expected to more with less. Traffic and promotions departments are cut to the bone because they're seen as expenses, not income-generators.

Radio is under attack from within. Most of the people at the top are not broadcasters. They're money people who saw an opportunity to assemble groups of radio stations, cut payroll, and create mini-monopolies that could push both commercial loads and rates up. They never realized that a lot of the programming people that they cut were the real value in the company in the first place.

Wease is a talent, but he failed to percieve the current situation. Truthfully, he had a great run, and extracted an enormous amount of money from CBS/Infinity over the last 10 years. He was VERY lucky, but he never had any success beyond Rochester. The playing field has changed, and Mr. Levin is at the top of the list of people who failed to adapt. I may be proven wrong, and he'll hit the jackpot again in a few months, but I doubt it.

There are a lot of people on this board who have a very good grasp of the current situation. You'd likely be surprised to find out who some of the anonymous posters are, and how much they know. It's very likely that some of the local "suits" have their say here - either directly or indirectly. I'm sure that there are people here who have the absolute facts, but prefer to post ballpark figures and generalities in order to avoid identification.

 

[slickkicker]

Wease is done. It's as simple as that. He got a ride from CBS which never showed up on the Black Rock accounting radar. Entercom can't realistically throw that kind of scratch around in a place called Rochester without some accountability. Entercom doesn't have the pockets that CBS has. Entercom management has to answer in a secondary market while CBS can earn profits while being ignorant of the fine print on the books.

Remember when Grant Tinker at NBC got peeved by Howard Stern. He not only kicked Stern off WNBC but he sold the entire NBC radio division, largely because someone spent a few minutes sporting the numbers and they didn't add up.

Someone in Philly is probably looking over the numbers right now and they don't add up.

 

[Element9]

I love radio...I've spent 15 great years with a lot of fun, stories, friendships, and so much more....I'm hoping to do another 25.

Heh, heh, heh... 15 years... hoping to do another 25.... two posts... lurking for a while, I presume. Hope you're in sales because lately, jocks seem to going the way of turntables and 45's.

Welcome to the jungle, we've got fun and games.

It would be easy to be offended by your post, but since most of us here have thick skin and have been flamed by each other and taken to task for some of the theories we put forth, it's just another day on the ranch. Some days you ride the bull, some days the bull rides you. Know what I mean, Vern?

Rox hits the nail squarely on the head when he talks about many of the posters on this board, the aliases, the cloak and dagger stuff and the suits who read the board... and the monikers under which they post. Spend a little time here and you might be able to winnow down the identities of posters, each to a few potential people. Some of us are out of the biz, others are still inside holding on for dear life. What difference does it make if you're in out out, as long as you know the business?

This is the wailing wall of radio, friend. The village square. Where town criers come to hail the news, hawk their opinions an debate runs free. Village idiots and savants all in one place. I've played both parts. It's somewhat like Parliament (without George Clinton, Bootsy Powell & Funkadelic) wherein there's ribald debate over just about every issue.

An' every once in a while, we tear the roof off the sucker. Unlike Fox Noise, we ain't fair and balanced.

One thing about this board 'coors, it has some of the best writers and well-weighed, knowledgeable opinions of all available boards. Seems like most of the people here know how to construct a sentence, frame an argument and present their cases. Hell, even verbs and nouns match most times and people know how to spell.

tho we gt txt postrs 2, f u no wht i mn... np jd w it

Rochester and Buffalo are very small, closely knit markets. Just about everybody has worked with everybody else. People talk. I worked long ago with a guy who'd leave his paystub clearly in sight on his desk just so everybody else knew what he was making. What a fool. Daddy used to say, "Only the nouveau riche flaunt their money. Never tell people what you make. Old and wise money lays low."

When salary figures appear on this board, it's likely they're not precise... but in many cases, they're close enough for government work. Because they come from somebody knows somebody who knows somebody who worked with or saw the pay stub... or in Wease's case, it was an open book that revealed itself for all to see, like a flasher who craves attention.

Once again, welcome to the fray.

-9-

 

[rocktv]

If you work at a station that puts all of its employees (even producers and sales in some cases), then you HAVE to sign one to be employed.

 

[rufus]

Ahh..non competes.

I actually won in a situation in a major market involving me taking my ex-employer to court. What was said in the deposition caused him to drop the non-compete against me.

Entercom's non-compete that was in my contract utiilized their "compensation, benefits and training" as the compensation for the non-compete (BTW-I was in programming for Entercom), which I believe could be viewed as inadequate if it were to go to court, as it's nothing that's over and beyond.

And of course, there's always the length of term of non-compete, and geographical distance as well, which are always debatable, and the real fun one (which happened to me with Entercom)..signing AFTER you've been there for a couple of weeks. Always file this away, as you may need this term-"You have to have one to work here"..very valuable.

 

[intheknow2]

Blind Item

There is a WNY radio personality who held off on signing their new contract (which contained a pay cut), because they were supposed to get 60 days for negotiations, and this person wanted a few more pay periods under their current rate. Brass at the station threatened to take this person off the air if they didn't re-sign. This, after only a 3 week period of negotiation. This person does not make a lot of money, and also works two other jobs to make ends meet and feed their family -- obviously not the kind of person with the cash to hire a lawyer and fight it.

Contracts serve to protect only the company that issues them. Plain and simple.

 

[JohnGault]

Welcome to the jungle, we've got fun and games.

There are some very smart posters on this board. I'll bet most of them have seen this before:

There is a Taoist story of an old farmer who had worked his crops for many years. One day his horse ran away. Upon hearing the news, his neighbors came to visit. "Such bad luck," they said sympathetically.

"We'll see," the farmer replied.

The next morning the horse returned, bringing with it three other wild horses. "How wonderful," the neighbors exclaimed.

"We'll see," replied the old man.

The following day, his son tried to ride one of the untamed horses, was thrown, and broke his leg. The neighbors again came to offer their sympathy on his misfortune.

"We'll see," answered the farmer.

The day after, military officials came to the village to draft young men into the army. Seeing that the son's leg was broken, they passed him by. The neighbors congratulated the farmer on how well things had turned out.

"We'll see" said the farmer.

The moral of the story is open for your interpretation. It could mean that the story is ever unfolding, with many twists and turns. It could mean that things might turn out differently than you expect, especially those who are quick to judge. It definately means that both good and bad things happen to everyone.

I for one, argue that Radio needs more and bigger stars, and to keep the stars it has. It's not about the money, and yet it is all about the money. That is the paradox. Pay is determined at time of agreement by the marketplace.

This story is still unfolding. I have not read the next chapter.

"We'll see".

 

[slickkicker]

Non-competes are pretty much worthless in New York state beyond six months. Sit for six as they say. At least that was the case back in the day when I was getting thrashed.

I just caught "Free Radio" on VH-1 tonight. I encourage you to tune in and get a feel for what a brain-dead, train-wreck carnage that morning radio is turning out to be. Locally Wease has been replaced by something called "The Men's Room".

The show on VH-1 has promoted an intern to replace some guy named "Rip" and corporate has billed the new show "Moron in the Morning". In the first episode Keifer Sutherland is being interviewed by "Moron" and it's hilarious. It's also sad. And with Kiefer sitting out a spell while "24" is on hold he's got some time to rip into every idiot who ever cracked a mike on AMD.

Look it up on your TV guide. You'll see why I bailed on radio some time back.

 

[luvcoors]

Just have to add my 2 cents about "Free Radio"...I almost fell off the couch 2 or 3 times last night due to some of the hilarious spots in that show.

It's meant to poke fun at the media in a way...while giving the guests a chance to do something a little different. I thought Kiefer Sutherland's reactions were priceless...but he really is like that. I met him last year at an event when he was touring with one of the artist's on his record label.

The cracks about corporate...very funny! And the receptionist...OMG! Def. a show to check out! Much better than "Flavor Of Love 3".

 

[SirRoxalot]

Off Topic

We may need a "Moron in the Morning" thread of it's own. We're getting off topic now.

But, while we're here, is there any chance that Citadel Syracuse can get Lance for their morning show on 95X?

 

[jeffwoehrle]

I love radio...I've spent 15 great years with a lot of fun, stories, friendships, and so much more....I'm hoping to do another 25.

Heh, heh, heh... 15 years... hoping to do another 25.... two posts... lurking for a while, I presume. Hope you're in sales because lately, jocks seem to going the way of turntables and 45's.

Welcome to the jungle, we've got fun and games.

It would be easy to be offended by your post, but since most of us here have thick skin and have been flamed by each other and taken to task for some of the theories we put forth, it's just another day on the ranch. Some days you ride the bull, some days the bull rides you. Know what I mean, Vern?

Rox hits the nail squarely on the head when he talks about many of the posters on this board, the aliases, the cloak and dagger stuff and the suits who read the board... and the monikers under which they post. Spend a little time here and you might be able to winnow down the identities of posters, each to a few potential people. Some of us are out of the biz, others are still inside holding on for dear life. What difference does it make if you're in out out, as long as you know the business?

This is the wailing wall of radio, friend. The village square. Where town criers come to hail the news, hawk their opinions an debate runs free. Village idiots and savants all in one place. I've played both parts. It's somewhat like Parliament (without George Clinton, Bootsy Powell & Funkadelic) wherein there's ribald debate over just about every issue.

An' every once in a while, we tear the roof off the sucker. Unlike Fox Noise, we ain't fair and balanced.

One thing about this board 'coors, it has some of the best writers and well-weighed, knowledgeable opinions of all available boards. Seems like most of the people here know how to construct a sentence, frame an argument and present their cases. Hell, even verbs and nouns match most times and people know how to spell.

tho we gt txt postrs 2, f u no wht i mn... np jd w it

Rochester and Buffalo are very small, closely knit markets. Just about everybody has worked with everybody else. People talk. I worked long ago with a guy who'd leave his paystub clearly in sight on his desk just so everybody else knew what he was making. What a fool. Daddy used to say, "Only the nouveau riche flaunt their money. Never tell people what you make. Old and wise money lays low."

When salary figures appear on this board, it's likely they're not precise... but in many cases, they're close enough for government work. Because they come from somebody knows somebody who knows somebody who worked with or saw the pay stub... or in Wease's case, it was an open book that revealed itself for all to see, like a flasher who craves attention.

Once again, welcome to the fray.

-9-

Good post, Element9...

It seems that one by one, even the legendary stations are exposed to new reality. That new reality doesn't just include new (and sometimes inept) ownership, but a new market situation for advertising dollars. Just as network television has seen its influence and dominance drop, radio has witnessed the same. And it all filters down.

The bigger stations are feeling the change last, as national sponsors still see value in radio buys. Sadly, local businesses do not. Options for advertising dollars have increased exponentially, with all manner of rag publications that target markets down to neighborhoods, if not streets. It's not so much that radio is less effective, but that the options are so varied and accessable that the pool of dollars is being spread pretty thin.

Consolidation was supposed to put a plug in that. At least from a standpoint of the economics of individual stations. Sharing expenses and talent was thought to counter the fact that advertising choices were no longer just between newspapers and broadcast.

Sadly, I think even the savings consolidation has wrought are not enough.

Another spike in the coffin lid of radio? Yeah, one of many. Still some life left in the old girl, but will she be around long enough to see fortunes go the other way?

 

[Ed Trefzger]

It's not so much that radio is less effective, but that the options are so varied and accessable that the pool of dollars is being spread pretty thin.

I'll tell you what: I wouldn't spend money to have my spot stuck in a long bank of commercials, especially when the station sticks my spot right before someone else's spot who is in the same business. I hear that all the time on WHAM, just as an example, and they should be ashamed for screwing their clients that way. It's quite plain that they don't care about their customer -- it's not that hard to schedule spots so they don't collide like that. I heard them once put three car dealer spots back-to-back-to-back then run a fourth. Or put two window replacement companies back-to-back. It's an insult. Not as bad as when they ran a spot for an ambulance chaser during the Brenna and Brenna Law Forum, but close.

 

[Oldbones]

I'll tell you what: I wouldn't spend money to have my spot stuck in a long bank of commercials, especially when the station sticks my spot right before someone else's spot who is in the same business. I hear that all the time on WHAM, just as an example, and they should be ashamed for screwing their clients that way.

Is it any different than newspapers putting all the car ads together? Or for that matter, most cities have "car dealer row" -- a street that's nothing but car dealers right next door to one another. If these dealers don't mind physically being right next to each other, why should it matter if their ads are in the same break? They all sound alike anyway.

It's not like the old days where it's song, commercial, song, commercial and stations rarely even played 2 spots back to back.

 

[JohnGault]

Here are 3 reasons the old Days are irrelevant.

1. Spotloads averaged 8 minutes, except on news-talk. Spots were either :60 or :30.

2. There was no competition for radio in the old days.

3. Talent was important, and fresh talent was alway sbeing recruited and tried out on overnights and weekends.

 

[SirRoxalot]

Old Days?

Here are 3 reasons the old Days are irrelevant.

1. Spotloads averaged 8 minutes, except on news-talk. Spots were either :60 or :30.

2. There was no competition for radio in the old days.

3. Talent was important, and fresh talent was alway sbeing recruited and tried out on overnights and weekends.

I'm not sure what markets you worked in, or what "old days" you're talking about, but:

1. Spotloads of 12 minutes were not uncommon, but were usually broken into 4 sets or more per hour. That meant a maximum 3 minute stopset, with maybe 4 units in each stop. Some small market stations I worked at on the way up ran 18 minutes an hour - the FCC maximum - and ran :60s, :30s, :20s, :10s - whatever the customer could afford.

2. CDs, cassettes, LPs, videos, and 8-tracks were swapped like MP3 files today. I can't tell you how many times I swapped a record that I was tired of - or a cassette of that record - for something new or different. Granted, I had fewer people to swap with, but music has been bootlegged ever since recording and/or recording devices became inexpensive. Computers have reduced the amount of time it takes to make a copy, and made it easier to share copies, but copying music illegally is hardly a new idea. And, age-old competition for radio, i.e. beer and women, as well as other forms of entertainment have always been around.

3. Talent was important, and fresh talent was always being recruited and tried out on overnights and weekends. On that, you're absolutely right. Radio no longer has a "farm system".

 

[nytalkin]

I think the "old days" were when Traffic Departments and Sales combined to have product protection. Now all contracts are added to a computer and depending on the card the computer puts all the spots in the rotation. Its not uncommon to hear 2 or three spots in the same spot load for the same product types.