Just under two months ago, iHeartMedia had another round of layoffs. The same old song and dance that people who work in the industry hear far too often. As we documented here at Barrett Media, the shutdown of all the live and local talent at Des Moines’ KXnO was part of that round of layoffs. In the months since, two former talents have resurfaced, hosting a digital program to continue their connection with the audience they served on KXnO for years.
Fourteen days later launching that digital program, former KXnO program director Sean Roberts and host Lucas Strain were served a cease-and-desist letter. Thus, effectively putting their project on pause. The gripe from iHeartMedia was reportedly a dispute over a non-compete clause in their agreements with their former employer. There may be some legal basis for the cease-and-desist. However, the inconsistencies shown in enforcing such clauses add another layer to an already painful ordeal.
For transparency, I was laid off by iHeartMedia during the November 2024 round of cuts by the company. In my agreement with the company, I also had a non-compete clause. The point of the clause is to protect your former employer’s confidential information, training and business interests, as stated in the agreement.
It makes complete sense for any local radio station to attempt to protect its valuable information against a competitor. If I got fired from a contracted role at McDonald’s, there should be language to prevent my talents from shifting to Burger King. Those are direct competitors. They serve the same audience and play by the same rules for measuring success in sales, revenue and customer ratings.
Broadcast radio is different.
Not One And The Same
It’s not measured or rated on the same playing field as a YouTube stream or a social media feed. It doesn’t compete for the same advertisers, and it isn’t listed in Miller Kaplan for local radio broadcasters. There isn’t a “YouTube” category when it comes to your local advertising line.
Why? Because broadcast radio inherently has something every digital program and podcast wishes they had. Reach, signal and decades of brand awareness. Any new channel on YouTube is starting from scratch. Radio is not. They’re built into most cars, providing instant access points to millions of people. You can’t say that about YouTube or any other social media feed that requires a internet feed to access.
Plus, haven’t we heard that your YouTube audience is different from your radio audience? It’s literally said at every single Barrett Media Audio conference annually.
So, why a cease-and-desist on two local under-30 talents who were laid off for no other reason than being caught up in the wave of cuts? Every time there are layoffs, how often have we seen talent immediately launch their own channels and platforms on YouTube and social media? There are plenty of examples. How about the number of times laid-off talent appear as guests on podcasts to talk about being laid off? There are plenty of those, too.
But in either case, is that truly putting at risk your former employer’s confidential information, training and business interests? Is iHeartMedia’s valuation really going to take a massive hit with two young talents trying to navigate their path through unemployment on YouTube and social media?
That’s where the application of the non-compete becomes difficult to understand.
Consistency Matters
I’ve always looked at legal language that’s uniform across company lines through the lens of consistency. If a company has a provision in its contracts, there is certainly a right to enforce it when circumstances warrant. However, when similar situations have been handled differently over the years, questions about the consistency and intent of that enforcement are going to follow.
Getting laid off is tough enough. To then be told while unemployed that you can’t host a program on a non-direct competitor’s platform when the company has allowed similar instances for years is even worse.
The story of the end of KXnO was a terrible spotlight on another reduction in force that’s becoming all too common. The continued layer being added by iHeartMedia only bring more attention to that spotlight. At some point, this needs to be about more than what iHeartMedia can legally enforce. It needs to be about what makes sense.
If Roberts and Strain were actively taking iHeartMedia programming, clients, advertisers, confidential information or audience share, there would be a much stronger argument for protecting the company’s business interests. But that doesn’t appear to be what is happening here, especially after just two weeks of streaming on YouTube.
Two employees were laid off among many others. But Roberts and Strain found a way to continue doing what they love. They built a digital program for an audience that already knew them. That should be viewed as an opportunity, not a threat.
Be Better Than This
Instead of spending resources fighting two former employees who are trying to build something during a period of unemployment, iHeartMedia has an opportunity to demonstrate that it understands the realities facing today’s broadcasters. The industry has changed. The platforms have changed. Plus, the ways talent connect with audiences have changed.
The people who lose their jobs shouldn’t have to lose their ability to start from scratch and attempt to continue building their careers, too.
iHeartMedia would be best served by dropping its contention over a non-compete breach and allowing Roberts and Strain to move forward. Doing so wouldn’t diminish the company’s contractual rights. It would demonstrate something far more valuable: perspective.
Layoffs already leave people wondering what comes next. Adding a legal roadblock to two former employees trying to create something of their own only makes an unfortunate situation worse. There is little to gain for iHeartMedia, plenty to lose in goodwill, and an opportunity here to simply let two young broadcasters move on with their careers.
Sometimes the best business decision isn’t enforcing every clause in a contract. Sometimes it’s knowing when letting go is better for everyone involved.
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John Mamola is Barrett Media’s sports editor and daily sports columnist. He brings over two decades of experience (Chicago, Tampa/St Petersburg) in the broadcast industry with expertise in brand management, sales, promotions, producing, imaging, hosting, talent coaching, talent development, web development, social media strategy and design, video production, creative writing, partnership building, communication/networking with a long track record of growth and success. He is a five-time recognized top 20 program director in a major market via Barrett Medi’s Top 20 series and has been honored internally multiple times as station/brand of the year (Tampa, FL) and employee of the month (Tampa, FL) by iHeartMedia. Connect with John by email at John@BarrettMedia.com.