If you get downsized, fired, or displaced from your radio or TV gig, there are so many things going through your mind. Do I lawyer up? Do I start a Substack? Do I visit the competitor and hope for a job? Do I start a podcast and/or YouTube channel? What is next, and what do I need to accomplish? Is shoe sales still a solid career pivot? Here is your playbook.
The first question you need to ask is about the non-compete. Even if your contract has expired for years, the non-compete may still be in effect. Your state may not allow non-compete provisions in your work agreement, so know the law. Your former employer’s human resources department is at the center of all those questions — your program director or market manager likely will not be able to waive your non-compete even if they want to do so.
This is imperative to your ability to find a new position or start your own hustle, so it’s important to understand that document completely. Old-school non-competes only impacted being on radio or TV; now they may apply to websites, social media, and hosting a podcast. When you started your job, you signed a lot of documents. To be transparent, if you wanted the job, there were no negotiations allowed.
Severance: Know What You’re Signing
If you are receiving severance, you will likely not be able to start a new media career until it ends in your geographic area. Severance is the incentive to get you to sign paperwork releasing your previous employer from any potential wrongdoing in your exit. It’s a trap that most radio people are certainly willing to accept for twelve weeks of pay. Generally, you are given a limited number of days to sign the agreement.
I know someone who was fired unjustly before Christmas. He wanted to review the paperwork with an employment law attorney before signing the agreement — a reasonable approach. He had 20 days to sign the severance agreement. He tried to set up an appointment, but due to the holiday, the attorneys were out of town. So, the Monday following New Year’s Day, he started calling attorneys. It was day 14 since his firing, with six days remaining. He was unable to get an appointment. Did he have a case? Maybe — I am many things, but a lawyer I am not. The attorneys’ offices could not see him until after the deadline passed. He signed the paperwork on day 19. He had a mortgage, a car payment, and a couple of hungry mouths to feed.
Now you know why many layoffs happen before a major holiday: any legal response is squelched by the timing. So if you accept severance in a state that does not allow non-competes, you may not be able to start anything until the severance has elapsed. Carefully examine your exit paperwork; it will likely spell out what you are allowed to do during the contracted period.
Protect Your On-Air Identity and Reputation
Let’s say you want to start a podcast or a different media venture. Take this time to develop your game plan, and launch it the day after your commitment to your previous employer expires. Use all of your media contacts to get as much attention as possible.
Here is a little warning: if you were assigned an air name by your employer or previous employer, they may own your on-air identity. Check that out. If your on-air identity has been established for years and used by different employers, you may be fine. For those using an air name, carefully read your contract and exit paperwork — companies like to protect their brands, and show names are also protected.
Don’t disparage your former company. I get it — you are mad and likely hurt by being cut. I have been downsized and fired. I know your emotions. You have every right in the world to be angry. Here is the truth: it doesn’t help you to disparage your former employer. Your potential future employer can see this online and conclude that you are a problem child. Look at your former employer as an amazing experience with many successes and moments of growth. Count all of the wins. We are in the business of show, and show business is a terribly fickle pursuit. Don’t let your ego get in the way of your next success.
Keep Perspective and Protect Yourself
King Solomon once wrote, “Vanity of vanities, everything is vanity.” This was written roughly 2,900 years ago. Realize that we get to do this for only a certain period of time.
At some point, most radio people transition to something else. Very few air personalities get the gift of choosing their exit. For those blaming consolidation for this, I was around before consolidation and saw it then, too — successful hosts and news people were not renewed, fired, or laid off before 1996. Most of these people transitioned to another career in their journey.
I hate it for everyone who has lost a gig. There are so many things for the downsized to consider. The most important thing is to protect yourself. Don’t sign anything until you carefully review it.
If you feel like you have been truly wronged, or you find part of the exit paperwork unreasonable, see an attorney who specializes in employment law before signing anything. Watch that deadline.
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Peter Thiele is a weekly news/talk radio columnist for Barrett Media, and an experienced news/talk radio programmer. He currently serves as News/Talk Format Captain for Zimmer Communications. Prior to joining Zimmer, Peter held programming positions in New York City, San Francisco, Des Moines, Little Rock, Greenville, Hunstville, and Joplin. Peter has also worked as a host, account executive and producer in Minneapolis, and San Antonio. He can be found on Twitter at @PeterThiele.