Grupo Radio Centro Moves To Dismiss Spanish Broadcasting System's 'El Raton' Poaching Case
April 4, 2016 at 4:11 AM (PT)
GRUPO RADIO CENTRO has moved to dismiss SPANISH BROADCASTING SYSTEM's lawsuit against it over alleged poaching MARTIN ROMERO HERNANDEZ ("EL RATON") from SBS' Regional Mexican KLAX (97.9 LA RAZA)/LOS ANGELES for GRC's Regional Mexican KXOS (RADIO CENTRO 93.9)/LOS ANGELES. GRC filed its motion FRIDAY (4/1) in U.S. District Court for the Central District of CALIFORNIA for a hearing on MAY 16th.
In a memorandum to support its contention that SBS' suit fails to state a claim, GRC alleges that SBS' contracts are void as unlawful restraint and that the contract's non-solicitation clause, right of first refusal, and waiver of jury rights are unlawful, resulting in at-will employment agreements.
The memo notes that "GRC is a relative newcomer to the LOS ANGELES radio market. As such, GRC needs to hire radio talent for its business. It is not disputed that GRC, as any competitive radio show, competes by attracting radio talent. Like any new company wanting to attract talent, GRC offers attractive, competitive employment packages and is generally known as a great place to work. If taken as true, the Complaint merely shows that Plaintiffs’ radio and business talent has become attracted to working for GRC. In a highly competitive field, word gets out quickly when an employee can better their salary, their benefits and have a generally nicer place to work." It also cites the widely-reported SILICON VALLEY controversy over tech companies agreeing not to hire each others' employees to characterize any agreement for GRC not to hire SBS talent as collusion.
"The Complaint gives no actual wrongful conduct by GRC other than offering Hernandez a better job," the memo states. "The Employment Contract has more illegal clauses under California law than legal ones."