Ralph Barbieri Sues KNBR Over Termination

[pjc1961]

Ralph Barbieri "The Razor" appeared on "The Drive" on 95.7 The Game with Brandon Tierney and Eric Davis on Monday afternoon 6/18/12 to discuss his legal situation. He's seeking $10 million in damages.

Podcast player link here.

Podcast mp3 download link here.

Various article links:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/18/BA581P3T3A.DTL

http://www.mercurynews.com/breaking...-barbieri-sues-wrongful-termination-from-knbr

http://blogs.sfweekly.com/thesnitch/2012/06/ralph_barbieri_files_suit_agai.php (includes link to legal documents for the suit).

 

[chris319]

Look who his attorney is!

 

[skyrocker]

I am so pumped that Ralph Barbieri isn't taking his dismissal by the new management guys at KNBR by just sitting there with his headphones in his hands. Instead he is gifting KNBR management back - with a wrongful termination lawsuit.

Ralph, in addition to his ample talent, becomes a broadcast hero for the thousands who were blown out of their jobs for no good reason and reacted like sheep. For all the on-air folks that were told, "you do not figure into the new plans we have for the station," then escorted from the building, this battle is for you. Put a picture of Ralph Barbieri on your refrigerator and say something encouraging to it every day.

In the Chron article today (6/19) Barbieri reports that, Cumulus market manager Bill Bungeroth yelled at him, "What you're doing on air sucks." (not a very motivational mouthful, but also not an uncommon happenstance in today's broadcasting environment.

"I have never been talked to like that in my life, professionally," Barbieri said. "I had been there 27 years and you've been there four months? Show me a little respect."

A very similar thing happened to this broadcaster at a station that was once very popular but no longer figures in the ratings battles at all. No matter how much the David Kaye types defend their right to do with their stations what they want, there is absolutely no excuse for being inhumanly cruel and deceitful while doing it.

What would KNBR's listeners and advertisers think if they discovered what the entire Bay Area did about their station's dishonesty? We'll see; now it's on the front page.

Here's hoping Ralph is more than successful in showing KNBR newcomers how much money they would have saved if only they were they possessive of any character and acted out of honesty in their dealings rather than fear.

And make no mistake about it, they know the results of their actions right now; they know the legal fees are SPENT right now, and they are terrified...right now. Angela Alioto is not only one immensely powerful person but, acting on Barbieri's behalf, is just the one to properly adjust the Cumulus perspectives and pocket books.

Think they're not as frightened as school kids nearing the end of summer? Just try to get Cumulus Media, KNBR, Cumulus Media CEO Lew Dickey, Cumulus market manager Bill Bungeroth or Lee Hammer, KNBR's operations manager and program director on the phone.

 

[TheBigA]

Withholding serious medical information from an employer, particularly when engaging in a contract, isn't very ethical, regardless of the reason.

 

[SFStatic]

Well said, SkyBob! At another big company that had a mass of layoffs on Inauguration Day 2009, after they took away her key card and handed a token to her to get out of the garage, my colleague remarked, "Oh, you got shiny new tokens!" The horrified HR woman said "You KNOW about the tokens?" My colleague said "EVERYBODY knows about the tokens." It goes with the cardboard box to carry away your personal effects...demeaning, but common knowledge.

BTW, it's not much fun to be on the other side of the desk, either, and have to let folks go that you built into a good team. Most managers that have an iota of humanity left get sick to their stomachs about having to do it.

 

[geek-orama]

Funny to hear Tierney ask Ralph " How could they treat you like this after all your years of success at the station?". Did he not look down the hall when his employer was firing Larry Ickes, Laurie Sanders, Julie Shannon, Bill Conway and more at KOIT?
All long time employees of a certain age group who built KOIT into a ratings and revenue leader.
May KNBR suffer the same fate as KOIT which has plummeted in 25-54 & 18-49 rank and has fallen way short of revenue since the changes.

 

[DavidKaye]

No matter how much the David Kaye types defend their right to do with their stations what they want, there is absolutely no excuse for being inhumanly cruel and deceitful while doing it.

WHOA THERE, big fella. I've made it CLEAR that I think the people who run Cumulus are jerks. I suggested at the time that KGO laid off longtime talkshow hosts that the PROPER way to do it would have been to throw a dinner honoring the folks and give them commemorative awards. Perhaps making such an event open to the public would have been in order. That's the CLASSY way to do it. Secondly, it also eliminates hard feelings the hosts would have toward management.

Now as to Barbieri, there was absolutely NO EXCUSE to fire him at all. His ratings were good; he was well-respected; he got along with everyone. In fact, when it happened I suggested that he would probably have a good case for a lawsuit against Cumulus based on age discrimination or his health issues. At the time, others said that such a suit would never fly.

Well, Angela Alioto does not take cases she thinks she's going to lose, so everybody, it looks like I'm right again.

I'm all in favor of everybody suing Cumulus for everything under the sun. They're an evil company run by evil people. The only reason they haven't gotten rid of Kruk, Kuip, and Jon Miller is because the Giants employ them and own the show, and Cumulus is not about to rock the boat on that one. But, given their actions in the past, Cumulus thinks Kruk, Kuip, and Miller are too old for radio.

Sue the hell out of Cumulus!

But I'm also not going to shy away from making comments here when I think KNBR or KGO are doing some good radio. I happen to think the "Crime Time" weekend overnight show with Candice DeLong is one of the best talkshows on radio at the moment.

 

[HCochet]

"I have never been talked to like that in my life, professionally," Barbieri said. "I had been there 27 years and you've been there four months? Show me a little respect."

Most people I know have been talked to that way at work at least once and it didn't take 27 years. I guess Ralph was a virgin that way. Spoiled and lucky. I'm not picking sides, but on that statement, it's par for the course. It's called life. Sometimes life sucks. There's always gonna be people at work who disrespect others. People unworthy to say those things, but who say it anyway because they can.

 

[TheBigA]

I suggested that he would probably have a good case for a lawsuit against Cumulus based on age discrimination or his health issues.

The problem with this suit is they're confused about who the employee is, and who the employer is. The plaintiff is saying "Don't they know who I am? I'm a big star with 26 years experience." The problem with that is that he's the employee. California is an at-will state. The employer can terminate you with no cause. And if you negotiate a contract concealing the fact that you've been diagnosed with a serious medical problem that could affect your performance, it calls into question the integrity of that contract. That will be the issue if this goes to court. He knowingly concealed a major health issue when negotiating a contract. That contract was signed under false pretenses. That's a very bad thing.

 

[DavidKaye]

California is an at-will state. The employer can terminate you with no cause.

Agreed, except that there are exceptions. A person cannot be fired because they are old or ill unless that oldness or illness prevents them from doing their job. What it comes down to is whether he was fired "just because" or because he was old or ill. It seems very fishy that they'd fire him "just because" since he was 1st or 2nd in his time slot and there had been no previous complaints about his work in the past.

And if you negotiate a contract concealing the fact that you've been diagnosed with a serious medical problem that could affect your performance, it calls into question the integrity of that contract. That will be the issue if this goes to court. He knowingly concealed a major health issue when negotiating a contract. That contract was signed under false pretenses. That's a very bad thing.

He's said that they knew about his condition and that he'd even talked about it on the air previously.

 

[TheBigA]

A person cannot be fired because they are old or ill unless that oldness or illness prevents them from doing their job.

Age isn't an issue here. However, the employer claims the illness was starting to affect performance. I imagine they'll produce audio tapes and other physical evidence to back this up.

He's said that they knew about his condition and that he'd even talked about it on the air previously.

Are you sure? All the articles in this thread say he kept the diagnosis a secret from everyone but his co-host. He admits he kept it a secret because he feared what his employer would do. But that's no excuse. There are laws that protect him in that case. But not if he purposely and willfully keeps it a secret.

 

[rockerchick]

"I have never been talked to like that in my life, professionally," Barbieri said. "I had been there 27 years and you've been there four months? Show me a little respect."

It's called life. Sometimes life sucks. There's always gonna be people at work who disrespect others. People unworthy to say those things, but who say it anyway because they can.

Yeah what a lame cop-out about a grossly unjust situation! When you do your job on the level that KNBR's Barbieri, KGO's Gene Burns, John Rothmann, Ray Taliaferro, Gil Gross, KOIT's Julie Shannon, Larry Ickes, Laurie Sanders and Bill Conway has, for so many years (all stations #1 in their key demographics)...imagine performing at that high level FOR YEARS, where the company actually makes $$$ off you, their product and to disrespect them and treat them as if they are a common widget? You don't talk out of both sides of your mouth! Cumulus can't have it both ways! Get real! That's why SF radio is in the toilet...The Glory days of WHY you listened to radio are over...bring on Pandora. Some fool might actually figure out how to give you some local personality on the internet and make money at it as well. Right on Ralph...I hope Angela gets that for you and more!

 

[TheBigA]

imagine performing at that high level FOR YEARS, where the company actually makes $$$ off you, their product and to disrespect them and treat them as if they are a common widget?

That's what Willie Mays should say. Using your logic, athletes should never retire. Keep playing til they drop dead.

The Glory days of WHY you listened to radio are over...bring on Pandora.

Right. Name all the personalities on Pandora. There are none.

 

[johndavis]

Are you sure? All the articles in this thread say he kept the diagnosis a secret from everyone but his co-host. He admits he kept it a secret because he feared what his employer would do. But that's no excuse. There are laws that protect him in that case. But not if he purposely and willfully keeps it a secret.

Are you sure?

Here's a quote from the October 6th Taylor on Radio Info newsletter that Tom Taylor re-published this morning. The October news item was announcing his contract renewal.

“My contract is expiring soon, and if I am to continue at KNBR, I’d like to start with all our cards on the table, face-up. I’ve gotten to know Lew Dickey a little bit, and my gut feeling was that he could deal with my situation at an honorable level, so I gave him a call and told him everything.” At the time, Lew said KNBR wanted him.

You can't be any more up front about your condition than calling the CEO before you do the deal.

 

[RadioStarOne]

Once a long time ago now, a bay area morning radio star, (now a bay area radio legend) fell while on a hunting trip and broke his back and a few other things and the station he worked for went out of their way to set up a studio in his home in order to keep him on the air in this city. Now that was one classy radio company. Too bad they don't make them that way anymore. And the FCC said they did not deserve to be a licensee. Perhap's it's time for RKO General to get back into the broadcasting business. Time moves on and maybe they should get a second chance in this business! I would grant them stations all day long without too many questions! And don't say it, I already know they weren't perfect either, but they were a whole lot better than a lot of what we have now! Just ask Skyrocker he was there. We all know the radio legend's name he was one of the best ever! I miss him every day! Oh! and Roscoe too. Ralph's a good guy and deserve's a lot of respect for being there as long as he has. Age is going to catch up with all these young radio folks and they will know what it was like for those they threw out! And then it will all come home to roost for them!

 

[DavidKaye]

Once a long time ago now, a bay area morning radio star, (now a bay area radio legend) fell while on a hunting trip and broke his back and a few other things and the station he worked for went out of their way to set up a studio in his home in order to keep him on the air in this city. Now that was one classy radio company. Too bad they don't make them that way anymore. And the FCC said they did not deserve to be a licensee.

The reason RKO got into trouble was because its parent company, General Tire, got nasty with its customers. Here's a Wikipedia entry about it: http://en.wikipedia.org/wiki/RKO_General#Troubles_begin

I think we all agree that RKO General itself was a stellar, first-rate company, but it's too bad that the owners played fast and loose with the law in trying to run their second-rate tire company.

 

[LKellerIII]

"I have never been talked to like that in my life, professionally," Barbieri said. "I had been there 27 years and you've been there four months? Show me a little respect."

It's called life. Sometimes life sucks. There's always gonna be people at work who disrespect others. People unworthy to say those things, but who say it anyway because they can.

Yeah what a lame cop-out about a grossly unjust situation! When you do your job on the level that KNBR's Barbieri, KGO's Gene Burns, John Rothmann, Ray Taliaferro, Gil Gross, KOIT's Julie Shannon, Larry Ickes, Laurie Sanders and Bill Conway has, for so many years (all stations #1 in their key demographics)...imagine performing at that high level FOR YEARS, where the company actually makes $$$ off you, their product and to disrespect them and treat them as if they are a common widget? You don't talk out of both sides of your mouth! Cumulus can't have it both ways! Get real! That's why SF radio is in the toilet...The Glory days of WHY you listened to radio are over...bring on Pandora. Some fool might actually figure out how to give you some local personality on the internet and make money at it as well. Right on Ralph...I hope Angela gets that for you and more!

Actually, job insecutrity in radio is nothnig new, and WAY preceeds Clear Channel, Cumulus, and all the other evil corporate overlords.. As a radio nerd kid, I remember getting attached to some DJ or another, ornly to find him gone a few months later. There were a few exceptions - The Robert W. Morgans, Real Don Steeles, and a couple of others. But even those "stars" rarely did more than a decade at any one station. And those exceptions exist today too - Ronn Owens, Don Bleu, etc.

Maybe Ralph has a case, but he's also been one of the lucky ones. Hasn't he logged about 20 years at KNBR? Seems to me he was doing sports when they were still an MOR station with Frank Dill, Mike Cleary and those guys.

 

[onairb]

Barbieri spent just over 28 years at KNBR; his first day was March 1, 1984.(Although I wasn't a listener back then, I remember him repeating the date on each anniversary, or pretyy much any time he wanted to 'reflect' on his experiences with the station.) I believe he did sports for KGO-AM for a few years prior to that.

 

[HCochet]

Barbieri spent just over 28 years at KNBR; his first day was March 1, 1984.(Although I wasn't a listener back then, I remember him repeating the date on each anniversary, or pretyy much any time he wanted to 'reflect' on his experiences with the station.) I believe he did sports for KGO-AM for a few years prior to that.

Yes, he did work for KGO and they let him go without allowing him to say good-bye (on air). I guess that's how it usually goes. Anyway, like I posted in the past, Ralph called into the Ray Taliaferro Show and Ray allowed him to have his say. Part of what Ralph said was "If I wanted job security, I wouldn't have gotten a job in radio"
So knowing that, it should be no surprise to him that he lost another job without good reason. The surprise was that he lasted 28 years (which proves he's pretty good). I'm not choosing sides. I liked his show. It's just weird that he's acting this way having learned the lesson in 1984. If he's as good as he thinks, he can get another job at another station. Or maybe he can get a job at Sears, Safeway, Midas, etc. There's always work for a working man.

 

[Phedeks]

I get the feeling 95.7 the Game wants him. After he was fired they kept running ad's saying how much he'll be missed. Then they invite him on to speak for an hour. If anything he'll go with that station.