J
JohnW
Guest
I just heard Lonsberry talking about Rachel Barnhart suing Channel 8 over the non-compete clause in her contract. He's going to have her lawyer on after the news at 1:00.
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M
Mark_Giardina
Guest
Rachel may have a case because many years ago TV 10 anchor Rich Funke worked for WHAM radio. And, from what I was told, he wanted to move to another radio station in Rochester to become news director, but the then owner of WHAM tried to hold Funke to a no-compete clause. Funke took his case to court and won.
Barnhart’s attorney, Rick Dollinger, was correct in his legal judgment that no-compete clauses are unfair. The reason stations have them in the first place is to make sure that talented people like Barnhart don’t jump ship and thus take viewers away from their current employer. In this case Channel 8.
If no-compete clauses were enforced then someone tell me how the late Pete Dobrovitz managed to work at all three commercial TV stations in Rochester, and later founded R-News? You mean to say that Dobrovitz didn’t have a no-compete clause at Channels 8, 10 and 13?
Barnhart originally worked at R-News and went on to Channel 8. There have been a number of TV reporters who have gone from one station to another. Bret Davidsen at Channel 10 also comes to mind.
I hope Rachel wins her legal battle because she deserves the right to work and I’m hoping that either 10 or 13 are smart enough to hire her.
<P ID="signature">______________
"I won't be wronged, I won't be insulted and I won't be laid a hand on.
I don't do these things to other people and I expect the same from them".</P>
Barnhart’s attorney, Rick Dollinger, was correct in his legal judgment that no-compete clauses are unfair. The reason stations have them in the first place is to make sure that talented people like Barnhart don’t jump ship and thus take viewers away from their current employer. In this case Channel 8.
If no-compete clauses were enforced then someone tell me how the late Pete Dobrovitz managed to work at all three commercial TV stations in Rochester, and later founded R-News? You mean to say that Dobrovitz didn’t have a no-compete clause at Channels 8, 10 and 13?
Barnhart originally worked at R-News and went on to Channel 8. There have been a number of TV reporters who have gone from one station to another. Bret Davidsen at Channel 10 also comes to mind.
I hope Rachel wins her legal battle because she deserves the right to work and I’m hoping that either 10 or 13 are smart enough to hire her.
<P ID="signature">______________
"I won't be wronged, I won't be insulted and I won't be laid a hand on.
I don't do these things to other people and I expect the same from them".</P>
Basically what Attorney Dollinger said on Lonsbery's show was that her contract was up. They offered her very little incentive in a new contract. In fact, due to inflation and the fact the contract stated she could be pulled from anchor duties (meaning less income)she could be losing money. They are going to argue, among other things, that WROC tried to make her life so miserable with the contract that they made her quit. WROC will probably come back with since she did quit the noncompete clause should be in effect.
M
Mark_Giardina
Guest
> Basically what Attorney Dollinger said on Lonsbery's show
> was that her contract was up. They offered her very little
> incentive in a new contract. In fact, due to inflation and
> the fact the contract stated she could be pulled from anchor
> duties (meaning less income)she could be losing money. They
> are going to argue, among other things, that WROC tried to
> make her life so miserable with the contract that they made
> her quit. WROC will probably come back with since she did
> quit the noncompete clause should be in effect.
>
What I heard is that the news director is not a big fan of Barnhart's to begin with and the contract the company offered excluded her from performing weekend anchor duties, which you are correct does impact her salary since anchors get paid more than reporters. That's one reason Melissa Long was P O about being taken off 8's early morning show and left for CNN.
Here's what I think may happen. If the newspaper reports on this lawsuit, then 8 may just settle out of court just to avoid bad publicity. But yet the D&C isn't known for reporting on any electronic media stories. So Scott Fybush will feature something on his web-site I’m sure.
Besides Nexstar is a bottom-line operation and the last thing corporate wants to do is shell out money for lawyers. I predict that Rachel will get hired by one of the other TV stations in Rochester, or she might move to the Buffalo market.
<P ID="signature">______________
"I won't be wronged, I won't be insulted and I won't be laid a hand on.
I don't do these things to other people and I expect the same from them".</P>
> was that her contract was up. They offered her very little
> incentive in a new contract. In fact, due to inflation and
> the fact the contract stated she could be pulled from anchor
> duties (meaning less income)she could be losing money. They
> are going to argue, among other things, that WROC tried to
> make her life so miserable with the contract that they made
> her quit. WROC will probably come back with since she did
> quit the noncompete clause should be in effect.
>
What I heard is that the news director is not a big fan of Barnhart's to begin with and the contract the company offered excluded her from performing weekend anchor duties, which you are correct does impact her salary since anchors get paid more than reporters. That's one reason Melissa Long was P O about being taken off 8's early morning show and left for CNN.
Here's what I think may happen. If the newspaper reports on this lawsuit, then 8 may just settle out of court just to avoid bad publicity. But yet the D&C isn't known for reporting on any electronic media stories. So Scott Fybush will feature something on his web-site I’m sure.
Besides Nexstar is a bottom-line operation and the last thing corporate wants to do is shell out money for lawyers. I predict that Rachel will get hired by one of the other TV stations in Rochester, or she might move to the Buffalo market.
<P ID="signature">______________
"I won't be wronged, I won't be insulted and I won't be laid a hand on.
I don't do these things to other people and I expect the same from them".</P>
> Rachel may have a case because many years ago TV 10 anchor
> Rich Funke worked for WHAM radio. And, from what I was told,
> he wanted to move to another radio station in Rochester to
> become news director, but the then owner of WHAM tried to
> hold Funke to a no-compete clause. Funke took his case to
> court and won.
Don't know about that ...it was a long time ago and things may be different now. You could be talking apples and oranges.
However, a more recent case involved Steve Haussman, who left PXY in the early 90's to go to Lincoln Group's WVOR. That one ended up in Federal Court and --as is the case most often--it was settled after everyone was told to "pick a number" (I.E: judge says "I'm not going to allow you (PXY) to hold him to a 1 year non compete--but he's not going to pop up on a competitor (WVOR)tommorrow either". In Hausmann's case, he was allowed to "work" at WVOR, but it was a month or two before he could perform any "on air" duties
I predict something similar will happen w/ Ms. Barnhart
>
> Barnhart’s attorney, Rick Dollinger, was correct in his
> legal judgment that no-compete clauses are unfair.
Excuse me, but his "legal judgement" means NOTHING, Mark. It's the judge's opinion --and only the judges opinion--that matters
> The reason stations have them in the first place is to make sure
> that talented people like Barnhart don’t jump ship and thus
> take viewers away from their current employer. In this case
> Channel 8.
>
This I totally agree with you on.
> If no-compete clauses were enforced then someone tell me how
> the late Pete Dobrovitz managed to work at all three
> commercial TV stations in Rochester, and later founded
> R-News? You mean to say that Dobrovitz didn’t have a
> no-compete clause at Channels 8, 10 and 13?
>
Could be apples and oranges again, my friend. For instance, do you even know if Dobrovitz had a personal services contract with a non compete clause?? This was a long time ago.
> Barnhart originally worked at R-News and went on to Channel
> 8. There have been a number of TV reporters who have gone
> from one station to another. Bret Davidsen at Channel 10
> also comes to mind.
>
The examples you site definately ARE apples and oranges. Rachel didn't even have a contract at R-News because at the time they didn't offer them to reporters. No contract, no contract to "break",..no problem.
In Brett's case, he DID have a contract, but simply let it lapse and kept working at 8 without one until the term of the non-compete expired, and then he was free and clear.
In Rachel's case (if you read it) you find that they (Nexstar) weren't about to let that happen. She claims after her contract expired, they were willing to let her work there, but at a drastic reduction in pay. They made it much harder for her to "hang on" than they did Brett. Her argument is that, in the eyes of the UNION, a reduction in pay constitutes a "constructive discharge" (read-involuntary dismissal) and under those circumstances would void the non- compete and thus, she should be free to seek employment elsewhere in the market.
> I hope Rachel wins her legal battle because she deserves the
> right to work and I’m hoping that either 10 or 13 are smart
> enough to hire her.
>
I agree. The days of indentured servitude are (or should be) over.
> Rich Funke worked for WHAM radio. And, from what I was told,
> he wanted to move to another radio station in Rochester to
> become news director, but the then owner of WHAM tried to
> hold Funke to a no-compete clause. Funke took his case to
> court and won.
Don't know about that ...it was a long time ago and things may be different now. You could be talking apples and oranges.
However, a more recent case involved Steve Haussman, who left PXY in the early 90's to go to Lincoln Group's WVOR. That one ended up in Federal Court and --as is the case most often--it was settled after everyone was told to "pick a number" (I.E: judge says "I'm not going to allow you (PXY) to hold him to a 1 year non compete--but he's not going to pop up on a competitor (WVOR)tommorrow either". In Hausmann's case, he was allowed to "work" at WVOR, but it was a month or two before he could perform any "on air" duties
I predict something similar will happen w/ Ms. Barnhart
>
> Barnhart’s attorney, Rick Dollinger, was correct in his
> legal judgment that no-compete clauses are unfair.
Excuse me, but his "legal judgement" means NOTHING, Mark. It's the judge's opinion --and only the judges opinion--that matters
> The reason stations have them in the first place is to make sure
> that talented people like Barnhart don’t jump ship and thus
> take viewers away from their current employer. In this case
> Channel 8.
>
This I totally agree with you on.
> If no-compete clauses were enforced then someone tell me how
> the late Pete Dobrovitz managed to work at all three
> commercial TV stations in Rochester, and later founded
> R-News? You mean to say that Dobrovitz didn’t have a
> no-compete clause at Channels 8, 10 and 13?
>
Could be apples and oranges again, my friend. For instance, do you even know if Dobrovitz had a personal services contract with a non compete clause?? This was a long time ago.
> Barnhart originally worked at R-News and went on to Channel
> 8. There have been a number of TV reporters who have gone
> from one station to another. Bret Davidsen at Channel 10
> also comes to mind.
>
The examples you site definately ARE apples and oranges. Rachel didn't even have a contract at R-News because at the time they didn't offer them to reporters. No contract, no contract to "break",..no problem.
In Brett's case, he DID have a contract, but simply let it lapse and kept working at 8 without one until the term of the non-compete expired, and then he was free and clear.
In Rachel's case (if you read it) you find that they (Nexstar) weren't about to let that happen. She claims after her contract expired, they were willing to let her work there, but at a drastic reduction in pay. They made it much harder for her to "hang on" than they did Brett. Her argument is that, in the eyes of the UNION, a reduction in pay constitutes a "constructive discharge" (read-involuntary dismissal) and under those circumstances would void the non- compete and thus, she should be free to seek employment elsewhere in the market.
> I hope Rachel wins her legal battle because she deserves the
> right to work and I’m hoping that either 10 or 13 are smart
> enough to hire her.
>
I agree. The days of indentured servitude are (or should be) over.
U
unverviking
Guest
>
> Here's what I think may happen. If the newspaper reports on
> this lawsuit, then 8 may just settle out of court just to
> avoid bad publicity. But yet the D&C isn't known for
> reporting on any electronic media stories. So Scott Fybush
> will feature something on his web-site I’m sure.
>
> Besides Nexstar is a bottom-line operation and the last
> thing corporate wants to do is shell out money for lawyers.
> I predict that Rachel will get hired by one of the other TV
> stations in Rochester, or she might move to the Buffalo
> market.
>
Here's the D&C's article...
http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20060214/NEWS01/602140339/1002/NEWS
Very interesting... I too have a non compete clause... I can't work for another company that does the same thing, while I'm working at my current company. In fact I can't even do any paid side jobs. This is fairly standard in my field... But nothing that says I can't work for the "competition" for 1 year after. The only restriction is I can't contact any of "my" customers (of the former company) for 1 year and try to get them to "follow" me to the new company...
> Here's what I think may happen. If the newspaper reports on
> this lawsuit, then 8 may just settle out of court just to
> avoid bad publicity. But yet the D&C isn't known for
> reporting on any electronic media stories. So Scott Fybush
> will feature something on his web-site I’m sure.
>
> Besides Nexstar is a bottom-line operation and the last
> thing corporate wants to do is shell out money for lawyers.
> I predict that Rachel will get hired by one of the other TV
> stations in Rochester, or she might move to the Buffalo
> market.
>
Here's the D&C's article...
http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20060214/NEWS01/602140339/1002/NEWS
Very interesting... I too have a non compete clause... I can't work for another company that does the same thing, while I'm working at my current company. In fact I can't even do any paid side jobs. This is fairly standard in my field... But nothing that says I can't work for the "competition" for 1 year after. The only restriction is I can't contact any of "my" customers (of the former company) for 1 year and try to get them to "follow" me to the new company...
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