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Friday, November 14, 2014

TX Radio: Court Sides With Personalites Over Non-Compete

Ed Ocanas
Two staffers fired in 2010 by Malkan Broadcasting have won their lawsuit against their former employer.

A Texas court has ordered to Malkan to pay past wages and pay for legal expenses of Ed Ocanas and Nicholas Russo.  They were dismissed at on-air personalities from RhythmicAC KKBA 92.7 FM/K-Bay.

Under a non-compete with the company, they were blocked  from taking a new job in the market. That attracted the attention of the Civil Rights group GI Forum, which  noted that of the seven employees fired by Malkan the non-compete was only enforced against the two Hispanics.

The Equal  Employment Opportunity Commission ruled Ocanas and Russo were discriminated against, however the case eventually moved to court. A five-day trial resulted in a similar ruling.

The EEOC review caused Malkan’s broadcast station license renewals  to be put on hold.

Russo now works in Houston at CBS Radio’s country KILT 100.3 FM/The Bull and Top40 KKHH 95.7 FM/Hot. Ocanas is now programming country KBSO 94.7 FM/My 94-7 and Top40/rhythmic KNDA 102.9FM/102-9 Da Bomb in Corpus Christi.

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