Sunday, April 15, 2012

Flash: Barbieri about to file suit against Cumulus; Retains Angela Alioto; 'Wrongful Termination' Defense

As I predicted here, seems The Razor, Ralph Barbieri, fired last week by KNBR/Cumulus, has legal plans and is prepared to go to court to make his case. He's apparently hired Angela Alioto, (the late Joe Alioto's daughter and a close friend of Barbieri), to represent him.

Here's a portion of a press release:

"This is the same Ralph Barbieri who was wrongfully terminated for an alleged “cause”, ie. “for being late”. The termination is nothing less than Age Discrimination, Disability Discrimination, Breach of Good Faith And Fair Dealing, and Breach of Contract, inter alia. Barbieri is 66 years old and has a slow-developing form of Parkinson’s disease, which he spoke publicly about for the first time last October, 2011. As a result of this wrongful termination, Barbieri has lost his entire salary and all health benefits."

I have said all along I thought Barbieri would go after Cumulus. Whether he wins is another story. Does he have a case? I'm not a lawyer but I don't believe one of the Alioto people would take a case of this potential magnitude without seeing something rotten orchestrated by Cumulus.

One thing's for sure: This surely could get ugly.

Developing...




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69 comments:

  1. Maybe he lost his job because he acually sucked and his ratings were miserable, I am against Corp Americia but this time I hope they win.

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    1. if cumulus actually cared about ratings, they wouldnt have done to kgo what they did...they would revamp kabc in los angeles...and they would get the hell out of the radio biz

      Delete
  2. I don't listen to KNBR, avoiding "sports" radio like the plague. (They don't consider racing in any form to be a sport) Nonetheless, the Cumulus wrecking ball that essentially destroyed KGO now seems intent on doing the same with KNBR. Radio, long a format essential to local programming and and information, is being destroyed by Korporate Amerika. I shouldn't be surprised, though, every other segment of our country has been bought out, chopped up, and sold off as parts for scrap. Someday, this media consolidation will hurt our republic by disconnecting citizens from a free, vibrant and effective press. That day is now here.

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  3. I miss Barbieri and certainly think he got jobbed. Anybody calling him out on ratings is wrong. Calling him out on being "annoying" is right, he is annoying, but irrelevant. People who seriously make that argument apparently never listen to radio at all. Annoying is the only channel. Barbieri -- more annoying than "The Rise Guys"? I don't think so. More than Radnich, the most annoying presence not only in local radio but in THE WORLD? No. More annoying than ... oh never mind. Barbieri not your cup of tea? Fine. Doesn't mean he should be fired or that it was legal to do so.

    However, I wouldn't hire Angela Alioto to represent me even in an open and shut case. She, not the facts, is Cumulus's best hope of prevailing.

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  4. One loudmouth hires another loudmouth?

    I think this is a bad move by Barbieri, she seems like a train wreck. Surely there are many Italian lawyers in the Bay Area.

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  5. Well, two things here ... first of all, he's paid a ton of money to be on the radio every day. From what I understand, he wasn't just late for work, he was showing up late for broadcasts ... the thing he is paid to do. If enough of those issues are documented, it sounds like a case can be made for termination.

    "I'm not a lawyer but I don't believe one of the Alioto people would take a case of this potential magnitude without seeing something rotten orchestrated by Cumulus."

    Um, Angela Alioto is a cheap knock off version of Gloria Allred. Never let the facts get in the way of a microphone or television camera. Plus, as long as her legal fees are getting paid, Mangela would represent Nambla's right to hold meetings at an elementary school.

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  6. Boy I don't know.. Joe's daughter is not the sharpest knife in the drawer.. If I recall she was hoodwinked by some con artist boyfriend back in the day. Talk about desperate!

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  7. Age discrimination is illegal. Kick ass Barbieri!

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    1. Right on 6:10!

      I wish him all the best. Despite what the no-life trolls post here, I agree with Rich. Angela A. is no dummy and this appears to be a kick ass case!

      Delete
    2. "Age discrimination is illegal. Kick ass Barbieri!"

      First Ralph has to be an employee which he most likely was not, probably an independent contractor and not an employee.

      Second, he has to be discriminated because of age. Probably not the case here - he was terminated because he was doing a lousy job.

      Third you have to prove discrimination which is difficult. If they replaced Ralph with a young person that would be helpful but its not the case here.

      If they had a pattern of replacing old people with young people, that would help, but that's not the case here.

      As for the disability discrimination that's a different story but equally difficult. Even if he was an employee which he probably isn't he would have to prove he was discriminated against because of his disability.

      If Ralph & Alioto would be saying that you can't rid yourself of a contractor who has a disease which is not a winnable claim.

      Delete
    3. Well, remember Bernie Ward? When all we ever heard was what he was saying, it sounded like he had a kick ass case too. Then the proof came out and suddenly Ward was exposed (forgive the pun) for the child porn peddler that he was.

      In this case, keep in mind that the only thing that has been released was Barbieri's statement. Regardless of what anybody thinks of Cumulus, I'd suggest that people hold off on judgment a bit longer until their side of the story comes out. Then, I'm sure the truth will be somewhere in the middle. Is Cumulus an innocent victim here? Absolutely not. But, then again, Barbieri isn't completely blameless here either.

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    4. you aren't allowed defenses in federal computer porn cases.

      Employment law is a completely different ball game. I have no idea about any of the specifics in this case, but I do know that Angela Alioto's law firm has handled many, very interesting cases..That's just a fact.

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    5. First of all, the point of my reference to Bernie Ward was to highlight the similarities to Barbieri's case: both came out swinging and had/have public support behind them for getting screwed over by an authority figure (govt. or big business). In Ward's case, his bluster ended up being completely wrong and he paid the consequences. I was also pointing out that people should wait until all of the facts are out before judging anyone.

      As for your comment about not being "allowed defenses in federal computer porn cases", what do you mean? Of course Ward was allowed to present a defense. Unfortunately for him, the weight of the evidence was sufficient (and damning) that he took a plea. It probably saved him many, many years in prison.

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  8. Ralph have fun explaining your tardiness. And while you are at it go eat some more pizza!
    Your waistline shows it.

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  9. Alioto has no brains.
    She once called Bruce Magowan Ross?
    Ralph you could do better in terms of legal representation.
    She is a grandstander. Find someone else.

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  10. Great,

    If he files suit, he will lose and make a bigger ass of himself than he already is.

    According to this logic, a radio station that has a star talent who can no longer perform because of a physical disability couldn't be terminated.

    Also entirely dubious that Ralph is in a legal employer/employee relationship so most of these protections go away.

    If you contract with some guy to mow your lawn regularly and because of age or Parkinson's disease he can't cut it anymore, you don't have to continue to pay him.

    Angela Alioto may be as lousy a lawyer as Ralph was a broadcaster.

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  11. As any good lawyer and/or seasoned legal observer will tell you, the vast amount of lawsuits filed are resolved before a trial. After filing of the lawsuit, there will be a response by Cumulus denying everything, then they will move into discovery, depositions, then the judge will encourage mediation and settlement negotiations. This will be settled. Does anyone really think the Dickies and their henchmen want a trial where they will be subjected to cross examinations and internal matters made public? Corporations also have legal insurance in case of this type of lawsuits. The big winners will be the attorneys as they amass hours in the legal wrangling. Finally, the settlement will be a private matter and The Razor will be required to sign a nondisclosure agreement. Go Sharks!

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    1. Baseless claims don't make it to trial.

      Regarding your comment "Does anyone really think the Dickies and their henchmen want a trial where they will be subjected to cross examinations and internal matters made public? "

      If this ever made it to trial, any questioning would be limited to relevant matters.

      Your point about legal insurance makes no sense.

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    2. @fake lawyer: You are unaware that companies have insurance and can contract firms such as Fenwick and West to represent them? You think a corporation such as Cumulus would send its own corporate attorneys to fight a labor law case? You are obviously a Cumulus hack, otherwise you would not say Barbieri's is a baseless claim. Have you looked at the lawsuit? Has there been a response? Go back to the KNBR lunch room and wave at the web cam

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  12. I figure as long as Cumulus can get someone with a pulse to talk about the Giants and the 49ers and the Warriors, they will get ratings and advertisers - since sports and especially live sports, is perhaps the most dependable way to reach a wide male 18-49 audience.

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  13. Get a morning drive job in the bay area and kick some cumulis ass Ralph!

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    1. If anyone really wanted to listen to him KNBR wouldn't have fired him.

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    2. Funny....if Ralphie thought it was tough getting to work on time in the afternoon wait till he has to fight morning rush hour traffic....I give it a week before he gets canned again for tardiness.

      Ralph...do yourself (and bay area radio listeners) a favor and "retire" with a modicum of dignity. Angela Alioto? Really? Oh well, I guess you didn't have much choice .....Gloria Allred is busy and Johnny Cochran is dead (If you constantly late, stay home with Tate...my tribute to dear departed Johnnys "If the glove don't fit you must acquit")....Angela is the only high profile legal hack on the west coast with an opening on her calendar!

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  14. You can count one thing tomorrow morning.
    Gary Radnich will fawn all over Angela Alioto.
    He will mention her father with sentimental nostalgia.
    To the point of triping all over himself to praise her.
    Radnich is a like a child in front of celebrities.
    He is becomes star struck easily.

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  15. Ralph is (1) an Italian, and (2) a Scorpio (with his moon rising in Gemini). . . not a good combination if you cross him. I feel sorry for the Cumulus assholes. They are going to regret ever doing this.

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  16. Trolls: when we need your legal opinions we'll ask. I am amused by the high school level logic provided in many of these posts. I don't give a shit what you think about the guy, he has a case. Learn something. Oh, you might do some research and the plethora or lawsuits they have either settled or lost across the country.

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  17. Oh Whiny Ralph, you are such a piece of trash. Playing the Parkinson's card just like Rich predicted, Cumulus should sue you for calling in sick and taking more time off than anyone I know and getting paid big bucks. Go back to your trailer, you piece of trash!!

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  18. 3:47 Irrelevant...or irreverant?

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  19. The following press release says it all....

    If Ralph had a case he'd be fighting in court and not wasting time with worthless press releases. If he has to resort to playing the "proud single father" card, he doesn't have much of a hand. Cumulus claims they were willing to pay him for the next 6 months which would take him through September. Ralph states his contract ends in October. Seems like he's fighting for an additional month of benefits and pay.

    Essentially we are watching a negotiation to see how much of the remainder of his contract he can get paid for. Because Ralph is a big blowhard who's feelings are hurt, he'll make this nastier than it needs to be.

    SAN FRANCISCO, CA– For 28 tumultuous years, native San Franciscan, Ralph Barbieri, lent his passionate opinions and his unique edgy voice to the radio airways on KNBR 680. In doing so he achieved phenomenal success and near legendary status, recently being inducted into the Bay Area Radio Hall Of Fame.

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  20. It is common practice for Corporations to hire teams of people who log on/register with sites and comment on a story that leads people to believe "the public" sides with the corporation (or political candidate). It's called "Reputation Management" and is a growing field.

    So the trolls that cheer on Barbieri's demise with "yeah! Someone got fired uncermoniously, woohoo!" Who are you? What is your problem, what made you so miserable in life?

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    1. Well, as one of your so called "trolls", all I've been saying is that people should wait until both sides of the story are out there. Barbieri was the one who first issued a press release. He was then the one who went and hired a media troll like Angela Alioto to sue his former employer, who then issued another press release ... claiming that he is an innocent victim of evil corporate intolerance. Barbieri has played this one up big time and, now that KNBR has finally responded, I think people can start to see that there really are two sides to the story. Also, not even taking into account that some people personally love the guy and some people personally hate the guy ... if he is not able to get to the studio before the start of his show, then he is late. Period. This is not about getting to the station on time, this is getting to the studio on time. If he is getting six figures a year and still can't be on time, then that really isn't KNBR's problem, is it.

      Also, full disclosure: I do not now, nor have I ever, worked for any radio station or entertainment company. I have worked for law firms in San Francisco and Oakland so I have a bit of an idea how the law works but I have no connection to (or real opinion of) Barbieri or KNBR. I have also been fired unceremoniously before. Although it was political and there was nothing I could do, at least I took responsibility for my own actions which lead to my firing. Yeah it sucked but I went out and got another job the same day.

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    2. Yeah, that makes a lot of sense LOL. Cumulus is paying people to post negative comments about Ralph on Rich Lieberman's blog!

      All the complaints here about Ralph are related to what a useless and annoying broadcaster he had become!

      KNBR would have retained him if the public liked him. They don't. Believe me, the dislike of Barbieri is genuine.

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  21. HOT OFF THE PRESS

    KNBR'S response, from www.sfgate.com:

    "The following is a statement from Bill Bungeroth, Vice President / Market Manager, Cumulus, San Francisco.

    “It is disappointing that Ralph’s lawyers have issued a press release filled with inaccurate statements and baseless accusations.

    "The simple fact is that Ralph refused to honor some of the most basic terms of his contract. As a result, KNBR exercised its right to terminate the contract.

    "Ralph does not disclose that KNBR offered him a contract to continue his pay and benefits for the next six months. His response to that offer was to make disparaging statements about KNBR in the press.

    "It is completely implausible that the termination of Ralph’s contract had anything to do with his age or the fact he was diagnosed with Parkinson’s. KNBR renewed his contract this past fall with full knowledge of those circumstances. At that time, Ralph publicly recognized that the Company “didn’t view the Parkinson’s as a red flag.”
    “That statement is true. It never has. ”

    Link

    http://blog.sfgate.com/sportsevents/2012/04/15/ralph-barbieri-and-knbr-release-dueling-press-releases/?tsp=1

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  22. Cue up the Foreigner music, Rich! It's a Head Knocker extraordinaire! No Alioto knows how to lose a case, and Cumulus usually gets its way! See the sparks fly and the horns lock! The Alioto family has already defeated the NFL among its accomplishments, so Tricky Dickey will not know what he's getting into. Plus, I'm thinking TD's new friend Mr. Baer would prefer to be on the right side of the Aliotos before being on an out-of-town powerhouse's right side, even with the recent Baer-Dickey get together at AT&T. The Giants' Top Dog knows where his SF bread is buttered, and it has nothing to do with a radio conglomerate!

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  23. We hope fatso Barbieri loses his suit.

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  24. Not to be callous, but do Barbieri's health issues have any bearing on a legal case, if in fact there is one? Wrongful-termination cases generally deal with the fired person's abilities and contributions and don't rely on sympathy for a person's illess. And media personality firings are an esoteric lot.

    Though it should be noted that no one gave Angela's pop much of a chance of winning an antitrust beef against the NFL and getting the Raiders to Los Angeles.

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    1. They didn't want to pay for his health insurance? They anticipated it cutting into his performance before it ever did?

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  25. I'm glad Ralph is off the air. Reminds me of how I felt when Bernie Ward and Ray Taliaferro were finally removed. Enough of these arrogant bloviators.

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    1. Ray Taliaferro was removed in a massacre of mass firings at KGO. You must work for cumulous.

      Do you know you can change the dial when those people are on?

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    2. 9:41, I don't work for Cumulus and can't stand its business practices, but I'm glad Ralph is gone and very glad Bernie Ward is off the air. As for Ray, I'd rather listen to him than Red Eye bullcrap. Accusing people of being Cumulus trolls is paranoid and immature. And, there isn't much to change the "dial" too, 9:41. Alan Colmes and his crazy callers? Give me a break. John Batchelor, perhaps, when his isn't prostituting himself for Wall Street. The only thing worse than Bernie Ward would be Christine Craft, the one who puts Castro's "The People's Army" (her words) on a pedestal and then uses a stereotype to make an ethnic slur against Cuban-Americans who left Cuba by making a generalization that only those with money left Cuba prior to and during The Cuban Revolution. Oh, she based her ethnic slur of a stereotpye on a personal experience she said she had with one of those "rich" Cubans living in Miami when she was shilling for Gary Hart. (Gag me.) Yeah, Gary Hart. Really. Ray actually has an intellect.

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    3. Anonymous doesn't want you to research Castro's people's army (students, field workers, common folk) who were able to beat the snot of the US backed dictator and torturer Fulgencio Batista. As to campaigning for a presidential candidate which anonymous calls "shilling", I guess anonymous thinks that campaign surrogates are paid in some fashion. He or she'd be wrong. As to the economic status of the Cuban who attempted to rip off my campaign button in an elevator at the Fontainebleu hotel, I have no idea.
      Perhaps Anonymous is unaware that the people who fled Cuba at the time of the Revolution and the nationalization of industry and businesses...were the ruling classes. Anonymous is going to be sooo annoyed when Cuba sanctions are lifted. Perhaps Anonymous would like you to know about how Batista and the American Mafia ran Cuba before Fidel? one other little clue anon: you need to research what "ethnic slur" means before bandying it about,incorrectly. " Cuba Si! Yanqui no?

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  26. Rich, What's your take on sfgate not running the Ben Fong-Torres fluff piece on "The Game"? You referenced it being in the Sunday Pink--did you mean Sunday, April 15th? As of Monday, April l6, there was no fresh on-line "Radio Waves", although it's usually teased on Friday with headline and full column released Sunday at noon. Not that we're missing any stirring gonzo journalism, though, since BF-T, as you noted, is but a shadow of his former Rolling Stone self...

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    1. Ben fAng-Torres is a self-serving shrill. He uses the word "I" so many times in his columns that it's a joke. Who the heck is he to qualify for writing about local radio anyway?

      Delete
    2. So, the "free ad for KGMZ" is now online without the "Rado Waves" head and with an end note that BF-T is a freelance writer (not an sfgate columnist). Cost-cutting measure? What's the 415 media take on this?

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    3. Ben Fong Torres is so out of his element covering sports radio. Give it up pal. Cover the latest Rolling Stones tour.

      Delete
  27. If a LAWYER takes his case, it must be a good one, and the LAWYER will make tons of money.

    L. Cooper

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    1. Sorry to disagree but ... nope. Mangela is probably taking the case, in part, because of her friendship to Barbieri. That said, as long as a client is able to pay their legal fees, they'll be able to find a lawyer to represent them. Only lawyers who take a case on a contingency fee basis (they only get paid if they get money for their client) would use winability as a basis for accepting a case.

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  28. What, John Burris was not available?

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    1. John Burris doesn't do employment law.

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  29. The alcohol history and lousy ratings finally speak the truth.

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  30. I don't know why people think that the ratings were good because of Ralph. Tom can maintain the same ratings or even better than ever before by hosting solo. It's the afternoon drive time, most people are on the roads and sports fan would listen to anyone on that time slot. Now maybe more callers will be able to get through with solo host.

    Ralph, wake up man!!! You screwed and threw everyone you didn't like under the bus constantly. Now you are under the bus. Enjoy the ride bro, glad I don't have to hear your dumb opinions anymore.

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  31. Hey Ralph...99.99% of all jobs can your ass for showing up late continually. I would bet that there is plenty of documentation that you were late to work. You deserve zilch. You violated the contract and got canned. I suspect this was your end game all along. Score a bigger payday by going to court.

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    1. And it should be noted that showing up late for work is a hell of a lot worse when you have a radio show that starts without you and then you show up huffing and puffing and unprepared later in the broadcast!

      Delete
  32. Hey,
    While I do not know the details of what cumulus has used to support their reasons for firing Ralph, I think a lawsuit would be a good thing. Anything to irritate and knock down Cumulus is good with me. They are an example of a shameful form of business that should get raked over the coals. Anyway that can be found to make sure people know about how bad people they are needs to happen.

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  33. No way this goes to court in the Bay Area. Angela Alioto and Ralph Barbieri are probably the two most annoying people in the area singularly let alone together.
    There will be a settlement with everyone saying the 'right things'.....for a while, until Barbieri opens his trap.

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  34. Barbieri is DUMB for thinking he has a chance to win a "Wrongful Termination" case.

    Alioto is DUMB for accepting such a case to file...unless she's a publicity hound.

    This looks to me like: DUMB & DUMBER

    The Truth: Barbieri is bitter; calls a friend; she agrees to write a "Heart Attack" letter to Cumulus. These types of things usually end in a mutual settlement with a few bucks to the "...aggrieved contract employee..." and to the attorney.

    Since Barbieri didn't pick a qualified Personnel Attorney, Cumulus' lawyers will spin her around for months.

    I agree with one of the other comments ... Barbieri needs to return to the trailer.

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    1. I bet you wrote this from Atlanta...

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    2. a "qualified Personnel Attorney"???Perhaps you are unaware of the specifics of the Alioto practice.

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  35. Fuggin miata! Fuggin miata!!

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  36. I think this is the main thing Ralph has going for him. I wouldn't want to try an employee case here in The City.. does Cumulus know what an SF jury can look and act like?

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  37. Ralph was on the air WAY past his prime! Hopefully Cumulus gets a bloody nose when this is resolved. It would be wonderful if this buried the company!

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  38. This will be the only time I want to see barbieri win anything. Corporate pigs must be stopped.

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  39. anyone here rooting for cumulus, is a cumulus shill

    its as simple as that

    and ralph has as much of a chance as krueger did....ooops

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    1. Personally, all I'm rooting for is that whomever was right in this thing wins. If it is proven that Cumulus wrongfully terminated Barbieri, then I hope they are held accountable in a big way.

      On the other hand, if it is proven that Cumulus acted lawfully and had the right to terminate Barbieri, then I hope he is held accountable as well (probably with a big legal fee bill from Cumulus).

      Now, if wanting whatever is fair (even if it means St. Ralphie is held accountable), then I guess that makes me the worst Cumulus shill in the world because I have absolutely nothing to do with them and am not being paid by anyone.

      its as simple as that <=== Dumbest argument yet

      Delete
  40. Even if you don't like Ralph as a sports talk-show host, it would be a small price to pay to stick it to Cumulus if say Ralph got to come back on air.

    You pretty much suck if you don't agree w/me... : )

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    1. Even if you don't like Ralph as a sports talk-show host, it would be a small price to pay to stick it to Cumulus if say Ralph got to come back on air.

      You would stick them twice.....the first kiss of the shiv would be having to pay Mr. Unlistenable again....the second would be the falling ratings after all us Ralph haters turned the dial off and went back to Satellite or the IPod again!

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    2. I never listen to KNBR, I have never heard Barbieri's show, but if he's suing Cumulus, good for him!
      Go, Ralph, go!

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  41. Last time I listened to Ralph, I was convinced he had a radio booth at the Bus Stop on Union... he mentioned that pub every half an hour!

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