Fired Anchor Suing to Get Out of Noncompete
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Should stations be able to can you and then stop you from working at a station across the street?
What if your contract is up and the station across the street offers you a lot more money, but your old station holds you to a noncompete.
Former WVLT (Knoxville) Chief Meteorologist David Aldrich got fired from the station in April and now is suing station, seeking to free himself from a noncompete clause in his contract.
The lawsuit claims Aldrich's then boss, Tony Bernhardt, coerced him in 2017 into signing the contract within 24 hours — before he could consult with an agent — by threatening to replace him with Bernhardt's girlfriend, who was a WVLT-TV employee at the time.
The complaint also states Aldrich's firing came after he disagreed with Bernhardt's replacement, Marybeth Jacoby, who encouraged members of the weather team to include segments on climate change in their broadcasts.
"Mr. Aldrich felt it best to avoid any topics that could be viewed as political during his broadcasts for local weather," the complaint reads.
The lawsuit, filed Knox County Chancery Court, claims Aldrich wasn't notified that the company planned to extend his contract in 2018, and argues that he shouldn't be held to its noncompete clause because the agreement had expired.
Aldrich, who worked at WVLT for nine years, is asking a judge to void the contract, or alternatively, to void the noncompete clause. He also is seeking unspecified damages.
The meteorologist had signed a one-year, $100,000 contract in 2017. According to the terms of the agreement, WVLT was required to give Aldrich at least 90 days written notice before the end of the initial term if the company intended to extend his contract another 12 months.
The agreement also included a noncompete clause — common in the broadcast journalism industry — which prohibited Aldrich from working as an on-air broadcast personality with any other local media competitor within the designated market area for one year following the end of his employment.
The contract was set to expire July 2, 2018.
Aldrich claims he has "no recollection of ever receiving written notice" that his contract would be renewed, the complaint reads. As such, he considered himself an at-will employee at the time of his firing, who was no longer subject to the terms and conditions of the agreement.
Along with the complaint, Aldrich also filed a motion for a temporary restraining order freeing him from the noncompete clause so he can pursue other job opportunities.
"Pursuant to industry custom," the motion reads, "competing stations are reticent to engage in negotiations with an employee when questions regarding a noncompete provision of a contract are present for fear of lawsuit."
In their court filings, WVLT and Aldrich both acknowledge the station continued to pay him until July 3. He also continued to receive health insurance coverage until July 31.
"If Plaintiff truly believed the employment agreement had lapsed and he was an at-will employee when he stopped working in April 2019, he cannot have it both ways and also accept his salary through the full term of the employment agreement for work he wasn't doing," the memorandum reads.
WVLT also claims the station offered to limit the scope of the noncompete clause during negotiations with Aldrich in the week before he filed his lawsuit, to only prohibit him from working as on-air talent at Channel 8's two chief television competitors — WBIR-TV Channel 10 and WATE-TV Channel 6.
WVLT argues Aldrich still is free to work at any Knoxville media outlet in an off-camera capacity, or on-air in Chattanooga, the Tri-Cities or elsewhere.
H/T Knox News
