Carolyn Gilbert Claims 'Clear Abuse'
June 26, 2008 at 12:53 PM (PT)
The ongoing war between former CRITICAL MASS MEDIA Founder & President CAROLYN GILBERT and CLEAR CHANNEL seems to be heating up. GILBERT opened up to ALL ACCESS about her exit (NET NEWS 6/12), and then filed suit against her former employer (NET NEWS 6/16), the following week.
Now, GILBERT is claiming "dirty tricks" on CLEAR CHANNEL's part. She said it was "Clear Abuse. Advice to all who have signed a CLEAR CHANNEL non-compete: See your lawyer! This week, it appears that CLEAR CHANNEL will go to extreme lengths to keep their current non-compete clause out of the limelight and out of the courtroom."
...none of these activities will change the fact that this non-compete is overly broad and unenforceable in a country that eliminated slavery in 1861.
She continued, "CLEAR CHANNEL has illegally tried to move our case from state to federal court. After having it remanded back to state court, we're contemplating sanctions against their lawyers for initiating last-minute shenanigans that a first-year law student knows are bogus. CLEAR CHANNEL wants extended depositions, discovery and conversation. CLEAR CHANNEL's lawyers have screamed at my lawyers over the phone and at the courthouse. CLEAR CHANNEL's distractions with legal and illegal shiny objects can't keep us from focusing on the heart of the matter: CLEAR CHANNEL's non-compete provision is illegal as written."
"They're trying dirty tricks and stalling tactics," said GILBERT. "Are these tactics an effort to bleed me economically dry so that I'll capitulate? Or are they simply trying to harass me to make me stop? Whatever the reason, none of these activities will change the fact that this non-compete is overly broad and unenforceable in a country that eliminated slavery in 1861. Does CLEAR CHANNEL think that trying to hold their employees captive will make them 'loyal?' Perhaps keeping their word and treating people equitably might be a better idea."
CLEAR CHANNEL had "no comment" on the matter.