How Vickery Fights to Keep Cumulus On the Hook

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U.S. Supreme CourtFormer Cumulus DJ David Vickery is fighting his former employer’s attempts to get his lawsuit for back pay dismissed.


He’s alleged breach of contract, while Cumulus denies all of his claims.

In its just-filed response, the former WAOA morning host known as “Timmy Vee” says Cumulus is attempting to “avoid responding to legally cognizable claims” for unpaid wages and damages and the company cannot deny it owns the station where Vickery worked for 14.5 years.

Vickery told the court earlier he routinely worked 45 hours a week and sued for thousands of dollars in back pay and overtime wages.

Cumulus had told the federal court in Florida it has no contractual obligations to Vickery related to his 2007 employment agreement, which also covered bonuses for a good ratings book. The broadcast owner says the contract covered a 3-year period, expired in 2010.

Yet Vickery continued to work in the same position for another 4.5 years and the company cannot claim it was not his employer nor that it has no obligation to him, he tells the court.

Cumulus Media claimed Vickery has not proved it was employer, that Cumulus Broadcasting was and the case should be dismissed because his contract was with CBL not CMI.

Vickery answers that he has proven CMI was his employer and that both CMI and CBL “owned and operated” WAOA-FM.

Stating that ownership info. is vague on the station website, “one might be inclined to wonder… whether CMI and the Cumulus corporate hierarchy were trying to deliberately shield and insulate their radio stations from suits for [Fair Labor Standards Act] wage claims,’ states Vickery in his response.

He seeks dismissal of the Cumulus motion to deny.

The case may either be headed to trial or settlement; a case schedule refers to a July 2017 trial yet the case has also been referred to mediation.

 


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