And you have a severe problem with reading comprehension. It doesn't take any kind of inside information to deduce HC's mindset.
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And you have a severe problem with reading comprehension. It doesn't take any kind of inside information to deduce HC's mindset.
U
Unregistered
Guest
You diagnose from afar now?
See? Here's the thing. You can't make assumptions about someone whom you do not know.
For example, I could call you an angry old coot with a temper who hides behind a "clever" board name. But, because I don't know you (and I honestly don't want to know you), I'll put all of that in the "allegedly" category.
See? Here's the thing. You can't make assumptions about someone whom you do not know.
For example, I could call you an angry old coot with a temper who hides behind a "clever" board name. But, because I don't know you (and I honestly don't want to know you), I'll put all of that in the "allegedly" category.
His disdain for Entercom goes way back to before the famous contract issue. (And it is part of the "angry columnist schtick". Every tabloid has a Howie Carr-type who is the little guy fighting the big bad guys.)
Howie had one of the best law firms in the city working on his behalf, so one can't claim that he didn't consult with his attorneys. So I'm sure they read his contract, and he read his contract. The "non-compete" issue hadn't worked its way through the courts yet. It was still a new concept/law. No one had quite tested it yet. So, yes, while the lawyers miscalculated, the whole thing came down to the opinion of ONE judge. A judge that had reason to not rule in Howie's favor.
The "non-competes are illegal" line gets thrown around a lot by people who don't quite understand it. Non-competes are NOT illegal. They are legal and binding during the contract and while you are being paid. After all the contract itself IS a non-compete agreement. Howie (and his law firm) thought that he was safe, in that he would work until the end of the contract and be done.
The part of "non-competes" that IS illegal is the part that comes AFTERWARDS. Many (if not all) talent contracts contain a clause whereby AFTER the contract lapses, a talent cannot go to a competitor for a period of time. This is what has been struck down. (Still unanswered is the issue of being forbidden from jumping to a competitor if the company is still paying you, or has compensated you for that clause.) Again, these have to play out in court to set a precedent....and be considered settled law.
In Howie's case it wasn't the "non-compete" clause that got him. It was the "right of first refusal" clause. I'm sure that his legal team thought that the new non-compete law would cover that, but it didn't.
Now...would the SJC agree with the ONE judge that ruled against Howie? Will another judge rule differently for another talent? Maybe we'll find out somewhere down the road, but the idea that "he didn't read his contract" or "didn't consult lawyers" is a line repeated by people who do not understand the circumstances.
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O
Omnibus
Guest
So much for having " one of the best law firms...! This is something you learn in a first year law school Contract class.
Perhaps, the Harvard Boys would do better taking a practical lesson from Suffolk or New England School of Law.
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Perhaps, the Harvard Boys would do better taking a practical lesson from Suffolk or New England School of Law.
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Every firm can give it their best shot...and then it all comes down to one judge's opinion. (And it appears that judge had a bias.)
In all fairness, Howie had Carey Pahigian working as an agent/negotiator for awhile (doing the non-counrt stuff), cna Carey is not a Lawyer. At what point in this mess the law firm came into the picture is a in question. And if Howie "cheaped out" because he didn't want to pay hefty legal fees...then he got what he paid for. (And probably ended up paying them anyway)
And you learn that contracts are tricky. This was "new law" and not "settled law"...and all new laws have to reverberate through the judicial system to see if they "hold up". (They teach "settled law" in law school. So it doesn't matter what school you went to.)
He could have brought this to the SJC who may have granted in his favor. The real problem here is that the SJC would have taken years to hear it. (That's the real injustice.)
In the end, he (probably under the direction of his legal team), decided to cut his losses and go back to Entercom (mind you, at the same rate of pay, or more that he was going to make at WTKK!)
10 years at Entercom making $800k/year? Not bad coin!
Life can be so tough, huh?
More here:
http://www.massachusettsnoncompetel...rr-change-employers-thoughts-on-the-decision/
http://masslawblog.com/noncompete-agreements/its-a-tough-job-but-somebodys-got-to-do-it/
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I understand the circumstances perfectly. The "right of first refusal" clause is exactly what I was referring to. IANAL, but it seems to me his lawyer's best advice should have been "don't make yourself the test case for this."
After all, Jerry Williams was a test case...and it took 5(?) years for them to find in his favor. (Williams vs. Richmond Brother)
Again, as stated, we don't know at what point he stopped letting Carey Pahigian call the shots...and at what point he called in "one of the best law firms in the city".
This was a good example of people spouting things they don't understand. I wonder what the relationship is now between Carey Pahigian and Howie, strained? ...seeing as the exit to WTKK would have been a high point for his career.
Indeed, the legal teams final advice to him was cut your losses and "don't make yourself the test case for this."!
......And you learn that contracts are tricky. This was "new law" and not "settled law"...and all new laws have to reverberate through the judicial system to see if they "hold up". (They teach "settled law" in law school. So it doesn't matter what school you went to.).......
Ahhh, let's cut to the chase. Howie didn't understand his own contract and the boy genius from Chapel Hill was in such a rush to rub it in Entercom's face that he opened his big mouth and screwed himself. All he had to do was STFU for a couple of months and he was home free. End of story.
And, if anyone who actually bought in to the 'bad signal, poor production, Entercom happens, ' blah blah blah, is still a true believer, they need professional help.
Howie's next career move will be to the side panel of milk cartons. Bye, bye....
Regards,
TSB
Ahhh, let's cut to the chase. Howie didn't understand his own contract and the boy genius from Chapel Hill was in such a rush to rub it in Entercom's face that he opened his big mouth and screwed himself. All he had to do was STFU for a couple of months and he was home free. End of story.
And, if anyone who actually bought in to the 'bad signal, poor production, Entercom happens, ' blah blah blah, is still a true believer, they need professional help.
Howie's next career move will be to the side panel of milk cartons. Bye, bye....
Regards,
TSB
I don't think *anybody* understood the implications of the contract, as it was new law, and broadcasters in Mass were spouting the "non-competes are illegal" thingy everywhere. There was no way to know how ONE judge would find and settle the issue.
At the time there were questions of whether artist contracts in an of themselves were illegal...as they were "covenants not to compete". And it was not unreasonable to think that due to the new law, Entercom could not keep him after his contract was over...no matter what.
It's one thing to read a contract....it's another thing to interpret it in light of new labor laws that were enacted after the contract was written.
Again, it came down to one judges opinion/finding...and there was no precedent.
End of story.
Some people like Howie, some don't.
This has nothing to do with your personal feelings.
He had a choice....(1) take a serious (I mean serious) pay cut from Entercom. (2) branch out on his own where he had the possibility of making more than Entercom was offering...and he would be in control of his career and his future.
It's a no-brainer that he would attempt choice #2 at this point in his career.
And it gives him much more flexibility going into his pe-retirement years. Doing the show from home (Entercom fforbid). Doing it from Florida (Entercom forbid), picking his own guest hosts (Entercom chose them previously) production elements, promotion, etc. And he controls the syndication effort (Entercom held it previously). If he loses an affiliate he can pick up another. (Like having a diversified portfolio).
My guess is that his agent/attorney will make some gentle overtures to WRKO over the next couple of years...and that Howie's program will end up on WRKO. It will be a win-win for both of them.
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There is a post on the other radio board that the day is 3/2.
http://radioinsight.com/community/topic/fybush-howie-on-wmex-1510/page/8/
And, of course, it's just another posting on a message board by someone who offers no proof whatsoever. Kinda feels like that preacher who predicted the world would end on (so far) four separate dates, and...well, here we are, still. I hope Howie will prove me wrong, but he'll also have to excuse me if I don't hold my breath on this one.
Er, maybe, but probably not. Let's say, for the sake of discussion, he does try to return to WRKO. Do you really think they're going to allow him the virtually limitless latitude he had when he was there before? Do you think his endless snide remarks slamming his employer ("Entercom happens") will be permitted without penalty? If he tries to return, it's because he has nowhere to go and he will hardly be in a position to dictate the terms under which Entercom re-hires him. IOW, he'll be muzzled, at least to some extent...and for a guy like Howie, that's hardly a win. He's made his living, up to this point, by saying exactly what's on his mind. He will not be happy if he has to dial that back.
O
Omnibus
Guest
We have come to realize that what's on Howie Carr's mind is just a transplant of hair. Perhaps, those new roots are chocking out his remaining brain cells. Every time I hear him he reminds me of an old man repeating the same things over and over again. His brain has closed out the possibility of processing new and challenging thought. A move to WRKO can't change that.
No hints on his show and from what I can gather, the inside track but @bostonradio tweeted "I wonder what Ch.2's Beat The Press gang of moonbats will be saying about Howie Carr and talk radio this Friday night" and a date of 3/2 was tossed on th' other board. Can't totally rule it out. Even if far fetched...would be a better signal if so. And the MEX experiment of 2 hrs Dr K and one of D Miller in noon-3 seems over w Miller back to all 3 hrs.
No...those days are gone. There could come a time when it makes financial sense to both parties...but Howie's heyday (and all that went with it) are in the past.
Howie may learn a bit about humility from this whole "self-syndication" effort.
It's amusing to me that Howie never mentions "WMEX" or "1510AM"...on his show. Doesn't sound like the relationship is a long-term one.
Sat afternoon not far from WJIB studios, WMEX was a dead air signal then came back on. @bostonradio tweeted that 1510 was off yesterday at one point and wondered if the rent check came through (they were on last night) and there were his hints earlier that maybe RKO wanted Howie back. Does Howie have a position of strength in that he controls content on his show and maybe RKO declining ratings may lead them to offer to pick him up--hey, we have a better signal to offer you while we need you back in pm drive? Or will RKO just say hey pal, you dissed us so many times and now you need us but we don't need you, as said above? Ent. doesn't need to pay Howie as an employee but now he is the one pocketing affiliate fees.
And while they're trying to go national a lot of the focus is on Boston/NE stuff. Would listeners in other parts of the country care about blizzards, the T, Walsh, Baker, etc? Is Howie just really doing a regional show plus national and worldwide issues?
Re Miller his show ends soon and I don't know if they pick up Jonathan Brandmeier...
And while they're trying to go national a lot of the focus is on Boston/NE stuff. Would listeners in other parts of the country care about blizzards, the T, Walsh, Baker, etc? Is Howie just really doing a regional show plus national and worldwide issues?
Re Miller his show ends soon and I don't know if they pick up Jonathan Brandmeier...
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