Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 3, 1992 TAG: 9203030160
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
SOURCE: PAUL DELLINGER NEW RIVER VALLEY BUREAU
DATELINE: RADFORD LENGTH: Medium
Knighton, who developed his "Collins in the Morning" program at WPSK-FM in Pulaski, had been fired Feb. 3 from his job there. Sixteen days later he was doing the early morning show on WRIQ-FM.
But when he was fired by WPSK General Manager Michael Gummer, Knighton signed an agreement not to work for a year for any competing station within a 60-mile radius of the Pulaski station. Gummer gave him a $2,000 cashier's check as part of that agreement.
Knighton returned the uncashed check Feb. 17 after being hired by WRIQ. So the Pulaski station sought a temporary restraining order to keep Knighton from working at that competing country music station.
Circuit Judge Duane Mink granted the order Monday, but set the matter for a jury trial April 13 and required WPSK to put up a $10,000 surety bond to cover any wages Knighton would lose if the verdict was in his favor.
"I'm putting a man out of work and I'm going to move the case along," Mink said. "This case is going to be tried and it's going to be tried forthwith."
Marcus Long, representing WPSK, said Knighton's work at the rival station had caused irreparable harm to the Pulaski facility. "He had knowledge of our working operation," Long said. "He's got to stop being employed by our competing radio station. That's the irreparable part."
Knighton testified that he had been looking for another radio job in several states since Gummer told him in late 1991 that he was going to be terminated probably in the next month.
He said he had child support payments to make for his two children and felt pressured by Gummer to sign the agreement without having time to check it thoroughly. He said the only lawyer he had time to call also did work for WPSK and could not advise him fully about the agreement because of conflict of interest.
Knighton said he was on the phone to Ray Hatley, WRIQ's general manager, to see about a job possibility when Gummer interrupted and told him the agreement had to be signed then or it would be withdrawn.
Gummer testified that Knighton was given 30 to 40 minutes to make his phone calls before the agreement was signed. Knighton said it was more like 15 minutes.
He said Knighton had studied the agreement enough to ask for several minor changes, which were made.
"The check was returned to us. We did not accept the check," Gummer said. A receptionist had signed a receipt for it when Knighton brought it back Feb. 17.
Bryon Shankman, Knighton's attorney, argued that his client was pressured into signing because he had to keep up his child support payments. "That's why they threw the $2,000 out there. They knew that he needed it and he needed it fast."
If Knighton was so valuable that his working for the competition causes irreparable harm to WPSK, Shankman asked, why was he fired?
He said it would be unduly oppressive to enforce the non-employment agreement in the current economic climate. "I think my client's common-sense approach to this is exactly where we should be in this case."
Long said Knighton was simply "hedging his bets" by hanging onto the check for two weeks. "If he got a job, he'd send it back. If he didn't get a job, he'd cash it. . . . I just think, if there was ever a case where we were entitled to a temporary injunction, this is it."
"I believe it would be appropriate to grant the preliminary injunction and then we can move the case forward with due haste, if the case is going to stay in Radford. Why is it in Radford?" Mink asked.
Long said he had thought WRIQ was located in Radford but now knew it to be in the Fairlawn area of Pulaski County next to Radford. But he said it serves the Radford area and he still wanted the trial in Radford.
Shankman moved that the case be sent back to Pulaski County, since both stations are located there, to go before Circuit Judge A. Dow Owens.
Mink agreed. "If he's busy on April 13, I'll come try it," he said.
by CNB