Ohio Radio: Former WDJQ Morning Host Loses Legal Battle

Bryan Modzelewski

A former WDJQ Q92.5 FM radio personality has lost a legal battle he launched after the station fired him.

According to indeonline.com,  Bryan Modzelewski, known on air as "Mo," was let go in February 2016. Last summer, he filed a lawsuit against the Alliance-based radio station, arguing that Q92 breached the employment agreement.

The radio station filed a counterclaim that said Modzelewski was fired because he publicly castigated Q92 during a 38-minute diatribe while he neglected to play music, news or commercial segments. Modzelewski made the comments while on the air with two other radio hosts, according to court records filed in the case.

Stark County Common Pleas Court Magistrate Kristen S. Moore issued the ruling in favor of Q92 this week following a non-jury trial held in late January.

Modzelewski's lawsuit had said that his dismissal was "based exclusively upon the defendant's single allegation of 'deceit, dishonesty or wrongful appropriation for personal use or benefit of company property or money.'" Steven Okey, Modzelewski's attorney, said previously that the radio station had not given his client a specific reason for the firing, either verbally or written. The attorney had said that if the station wanted to fire the radio show host without cause, the contract required the station to give him notice or pay. Okey had contended in a news release last June that Q92 failed to do either.

"Mr. Modzelewski's lawsuit against the Q92 team directly challenged one of the most fundamental principles recognized in the workplace: that an employee is obligated to competently perform his or her job, rather than advancing his or own personal agenda at the expense of the employer and fellow employees," said attorney Edmond Mack of Tzangas Plakas Mannos. "Magistrate Kristen Moore's decision confirms this workplace principle, and once again makes clear that an employee's disloyalty toward his or her employer and coworkers will not be tolerated in our community."

The lawsuit sought roughly $36,000, which accounts for about 54 weeks of what Modzelewski said were lost earnings. He also argued in the court filing that he would have been entitled to additional money for lost remote talent fees, bonus compensation, endorsement fees and live broadcast compensation. The lawsuit sought compensatory damages of about $50,000.