Court: Carr Can't Go From WRKO... Yet
September 19, 2007 at 3:25 PM (PT)
ALL ACCESS hears that a SUFFOLK COUNTY judge has ordered HOWIE CARR to stay at ENTERCOM Talk WRKO-A/BOSTON. ENTERCOM sought to prevent CARR from moving from afternoons at WRKO to mornings at crosstown GREATER MEDIA Talk WTKK after his contract expires TODAY.
The ruling by Judge ALLAN VAN GESTEL, which grants a temporary restraining order barring CARR's move, favored ENTERCOM's argument that it has a contractural right to match WTKK's offer. The judge ruled that CARR was not permitted undere the terms of his contract to accept a competing offer from GREATER MEDIA while still obligated to WRKO, although he was permitted to negotiate and hear offers from GREATER MEDIA or other firms. However, the judge also ruled that while ENTERCOM has 180 days to match the competing offers, CARR's noncompete clauses are invalid once his WRKO contract terminates.
CARR wasn't on WRKO WEDNESDAY afternoon; TODD FEINBURG is sitting in for now while things get sorted out.
GREATER MEDIA issued a statement WEDNESDAY afternoon saying, "At this point, HOWIE CARR has failed to obtain the ruling from the Court that was a condition of him coming to work for us. The court's decision left many questions unanswered. We are disappointed that HOWIE will not be on WTKK tomorrow, but we are hopeful that he will be a part of the GREATER MEDIA family in the very near future."
And late WEDNESDAY, CARR's lawyers at MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C., through its ML STRATEGIES, LLC public releations division, released a statement reading, "While we would like to have achieved a complete victory in court, we are gratified that the decision leaves open the opportunity for HOWIE to work at the place of his choosing. Not only did the Court find unlawful a portion of ENTERCOM's employment agreement, but the Court adopted our argument that HOWIE cannot be forced to work for a particular radio station.
"HOWIE looks forward to taking some well-deserved time off from one of his three careers and to joining WTKK in the very near future."