Carolyn Gilbert Files Against Clear Channel
June 16, 2008 at 9:30 AM (PT)
Former CRITICAL MASS MEDIA Founder & President CAROLYN GILBERT has decided to press for a Declarative Judgment and a Demand Letter against CMM owner CLEAR CHANNEL, following her recent exit (NET NEWS 6/4), (NET NEWS 6/12).
GILBERT told ALL ACCESS, "I've never particularly liked the idea of the whiny, ex-employee finding a reason to sue an ex-employer over this or that issue. When you and your boss don't see eye to eye, for whatever reason, I think you both should just move on to more satisfying relationships.
"This is why I thought so long and hard before filing a motion for Declarative Judgment and a Demand Letter against CLEAR CHANNEL on FRIDAY (6/13). I did this to encourage them to keep their word.
"On MAY 22nd, my supervisor at CLEAR CHANNEL wrote the following words in an e-mail to me:
Good to proceed. Everything as discussed. 6 months plus stock value when closed. Want 30 days before accepting non-competitive position.
I assumed that would be fine. JOHN (HOGAN) understands a TRIBUNE position is likely. Would not stand in way assuming all usual severance agreement assurances are in place.
"On JUNE 4th, a document confirming our separation was sent to me from the CLEAR CHANNEL legal department. It included the following clause, in addition to and in conflict with the non-compete agreement I'd already signed in 2007:
Employee acknowledges that the TRIBUNE COMPANY ("TRIBUNE") is a competitor of Company and represents that she does not intend to be and shall not be hired or engaged by TRIBUNE during the Non-Compete Period referenced in Section 2.1 hereunder (11 months). Employee acknowledges that this representation is material to Company in connection with this Severance Agreement.
"Of course, I didn't sign it. I had a deal with CLEAR CHANNEL. They were to pay severance due after 27 years of unblemished service to the company, and I was moving on to a new career at the TRIBUNE COMPANY. There had been no secret about where I was going.
"CLEAR CHANNEL sent me a letter threatening a lawsuit on THURSDAY, JUNE 12th, 2008.
"So, at this point, I had no choice but to file against them. They fired me. They made a deal. They broke the deal. And now, they don't want me to work.
"I would still prefer that we both move on. I ask only that they keep the deal they made, and that I agreed to in good faith. I still don't like lawsuits," concluded GILBERT.