Monday, June 18, 2012

Breaking: Barbieri Files Suit against KNBR/Cumulus; The Exact Release from Angela Alioto

Here is the release from Angela Alioto, Barbieri's lawyer:

LAW OFFICES OF MAYOR JOSEPH L. ALIOTO AND ANGELA ALIOTO 700 MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94111 (415) 434-8700 • FAX (415) 438-4638 www.AliotoLawOffices.com FOR IMMEDIATE RELEASE June 18th, 2012 : Ralph Barbieri, Local Legend, Respected San Francisco Sportscaster, Files Lawsuit For Illegal Harassment Contact: Angela Alioto, Steven L. Robinson, Attorneys for Plaintiff Phone: (415) 434-8700 Email: angelaav@aol.com Website: Aliotolawoffices.com Ralph Barbieri, Local Legend, Respected San Francisco Sportscaster, Files Lawsuit For Illegal Harassment, Retaliation, Termination based on Disability and Age, Fraud and Breach of Contract Against Cumulus Media Inc. Of Atlanta Georgia, Susquehanna Corp., Cumulus Media Inc. SF, Radio Station KNBR, Lew Dickey, Bill Bungeroth and Lee Hammer. Requests Ten Million Dollars SAN FRANCISCO, CA– On Monday, June 18th, 2012 a lawsuit was filed by Ralph Barbieri against seven defendants for eleven causes of action. The eleven causes of action are 1) Disability Discrimination; 2) Breach of Contract; 3) Breach of Covenant of Good Faith and Fair Dealing; 4) Breach of Implied in Fact Contract; 5) Discrimination Based on Age; 6) Harassment Based on Age and Disability; 7) Retaliation in Violation of FEHA; 8) Failure to Prevent Discrimination; 9) Wrongful Termination in Violation of Public Policy; 10) Fraud; 11) Intentional Infliction of Emotional Distress. The pretextual reason given by Defendant Bill Bungeroth for the termination was “being late.”Mr. Barbieri, a San Francisco radio legend, was wrongfully terminated on April 10th, 2012 because of his disabilities, Diabetes II and Parkinson’s Disease, and his age. Neither his age nor any disability prevented Mr. Barbieri from doing the necessary requirements of the job. In fact, “The razor and Mr. T” consistently rated #1 or 2 in the market, right up to the day of the termination. Mr. Barbieri’s attorney, Angela Alioto, stated, “This maliciously blatant kind of discrimination will not be tolerated in San Francisco. That message will be sent loud and clear to Defendants Cumulus et al., and throughout the nation.” The entire lawsuit can be found at Aliotolawoffices.com after 3:00pm today.

60 comments:

  1. Um...what kind of law firm has partners using AOL for their business email contact?

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    1. Funny. That is the first thing I fixated on. lol

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    2. One where the main partner has been dead 15 years!

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    3. I can't decide which is worse: the AOL account or Angela's loopy, floofy signature.

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    4. I noticed the same thing Jason. Rather puzzling.
      They do not have $7 dollars to reserve a domain name?
      Hummm . . . . too busy suing radio stations.

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  2. This is going to be good.

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  3. They actually put "local legend" in the court papers?

    jesus. shoot me in the head if I ever start calling myself a "local legend". It's okay to BE one, but don't say so yourself.

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    1. Yep. Same reaction here. Who is writing these court documents?
      Besides having a client who is full of himself, now we have to contend with an attorney who practices the same self-centeredness?

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  4. Here are the official court documents for the case. If these statements are true Hammer is a real ass.

    http://media.sfweekly.com/7951244.0.pdf


    Also Ralph was making $380k per year from 2007-2011. Not too shabby for talking sports

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    1. Lew Dickey and brother make 22 million a piece a year..not too shabby either!

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    2. Also Ralph was making $380k per year from 2007-2011. Not too shabby for talking sports


      Also Ralph was making $380k per year from 2007-2011. Not too shabby for talking about whatever he thought made him look intellectual.


      FIXED THAT FOR YA!

      Ralph was a poseur and a useless one at that!

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  5. Hard to choose sides but all things considered (that's a good name for a radio show, by the way), I'm siding with Ralph against those goons.

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    1. Well, two things can be equally true. Or, in this case, equally wrong.

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  6. You got to admit this should be wildly entertaining!

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  7. The Kind that doesnt't need to impress anyone...i love my aol address.....

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    1. If you want to be a big shot lawyer, you need to make impression with clients and opposing lawyers. An AOL email screams working out of kitchen table, shipping out of Staples, and buying suits from Ross.

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  8. Ralph; please take these guys to the cleaners.

    I was fired from a company 15 years ago for a B.S. reason. I had a big salary, was over 50 and black. I could not prove anything on my behalf.

    Win Ralph, win.

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    1. Ralph and Angela what a piece of work. They both suck!! Fuck Ralph I don't feel sorry for him , he's been stealing money for years. I'd counter sue his ass.

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    2. You couldn't prove you were black?

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  9. Excellent! I hope Ralph wins and doesn't settle out of court. $Cumulus deserves a death by a thousand paper cuts. 999 left to go.

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  10. Sad to see on-air talent get fired, sadder still when they can't take it like an adult. You work in radio, Ralph, where people get fired without cause every day. Be grateful for the incredible run you had (with a modicum of talent) and move on.

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  11. I read the official documents from sfweekly above. This is San Francisco, not Atlanta. I think Cumulus made a huge error here. They delivered this case on a gold platter to the Alioto law firm. If this thing goes to trial it could be very interesting. The depositions will start shortly and those will also be incredibly interesting. When perjury carries a jail sentence people who would otherwise testiLIE will tend to be more truthful.

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  12. 10 million dollars will sure buy a lot of Sharks playoff tickets.

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  13. If Cumulus's HR department never wrote Ralph up for tardiness, then, they, by virtue of allowing that behavior of tardiness, cannot fire him. Only if they wrote him up, gave him verbal and written warnings, then they have a case. If Cumulus never wrote Ralph up, then his tardiness is deemed allowable because Cumulus never addressed it and Ralph can say that they new, because of my conditions, that I would be tardy some days. Just saying. But, I do agree, the "local legend" was too much. I don't ever remember Ralph pitching a no-hitter or batting .395 in a season.
    Peace

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  14. I wonder how much Lee Hammer will pay? I hope that bastard has to sell his Giants free gear to pay. I'm tired if hearing he just follows orders..because he I always knew he enjoyed it,and what it did to others.
    Lee Hammer, the stooge that could. Pay up sucker.

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  15. Ralph was 2 minutes late to his interview with Tierney and Davis... old habits die hard!

    You go Ralph!

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  16. Game On.

    P.S. To the poster who opined a few weeks back on legal matters that: "no lawyer would take this", "he doesn't have the money to fight this", "there is ne legal case here", etc. ... and my reply was "Alioto can take a flyer on this, this is a liberal town, ..." Touche!

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    1. This suit is a loser.

      Ralph is incapable of performing, listen to the interview.

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  17. Ralph's not the only ex employee that's suing Cumulus. There is an ex employee suing them for violating the Disability Act after they let him go for having a handicapp and another who works there now who is suing them for FMLA Law breaking.

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  18. http://player.streamtheworld.com/_players/entercom/player/?id=KGMZ

    Well it's really HARD to listen to Ralph talking to Tierney and Davis. Does he have larengytis?

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  19. Ralph: WHAT is wrong with your VOICE WTF????

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  20. Ralph is lying about calling Bonds a punk. He said he brought it up to Barry and that is NOT how it happened. Barberi opened an on air radio with Barry and after 15 seconds Bonds said hey Ralph what about calling me a punk....

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  21. Pathetic parasite who is looking for a fat payday. If there is a God, I will be selected for jury duty. He doesn't have the balls to let a judge decide it.

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  22. Angela Alioto is a drama queen. Regardless, I believe her allegations in the complaint. We saw what happened at KGO and I have no reason to believe that KNBR management treated anybody any better over there.

    I can't imagine Cumulus would want this to go to trial. I see a settlement in the future.

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    1. Ralph demonstrates clearly that he is no longer competent to be a broadcaster.

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  23. OMG OMG, RB just signed off “95.7″ the Game, the only FM sports station, Angels Fly because they take themselves Lightly, KNBR….ooops I mean 95.7 the Game.

    Dead Silence from Davis and Tierney = Commercial Break

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  24. This will be an easy "W" for KNBR. Not to say Ralph should try to get money, but there's little substance to his claims. He would be lucky if Cumulus proposes a settlement. I otherwise see no basis to his claims.

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  25. Big Rich Lieberman is right again. He predicted this one a while back. Keep up the excellent reporting Rich! Btw great job on KSCO today

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  26. I hope Ralph cleans their clocks!

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  27. This thing has "toss it out" written all over it. Secondly, I'm thinking "pro-bono" too. Angela (nice signature, incidentally) has a cloying nature that begs "Look, let's settle this out of court because it will embarrass me and the former Mayor if I bomb."

    Ralph, sorry, but your protest too much. And where are the "exhibits"? Let's see those "written agreements" -- not "he said, I said" comments that provoke and are hard to disprove. And where is AFTRA in all this? I'd think they'd jump in to help out -- but they haven't. They are without cajones.

    Ralph, you were late for work and the "new" employer didn't like your style, temperament, what have you. Nothing in the law says you deserve any "special" treatment. You pissed off a few too many people and your ego was out of control.

    It appears you are the one using the health issues as the bargaining chips here. That's not the court's fault -- it's yours for "fear of retaliation" to keep your job. If it was about your health, despite your "standing" at KNBR, maybe you should have been more upfront with them and screw the bloggers. They don't run your life for you.

    Ralphie, it was a good long run of 28 years -- but nothing in life is guaranteed or permanently forever.

    PS - I know how you feel. Similar things happened to me over health issues and I got squat. Good luck and use the "Right to Work" provision to go find another job. That simple.

    No one owes you a living over conditions you prevail upon.

    Local "legends" self-named even at "#1 or 2" don't have a thing over anyone when disguised as mistrust, deceit, dishonesty and using the press to fight your battles.

    "But Dickey said ..." Horseshit, Ralph. Get it in writing. You brought it on yourself ... a lot.

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    1. Well stated. The fact that the Dickeys are difficult or unpleasant or jerks, doesn't mean Ralph is entitled to a penny.

      He had a job on radio and you have to be on time, he ignored that consistently. Furthermore he's no longer capable of speaking clearly or apparently even thinking clearly. There is no accommodation that KNBR could make that would allow to continue to perform his job adequately

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  28. Ralph takes 81 prescription pills PER DAY?!

    He sounded AWFUL on FM today.

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  29. Love it. I am hoping for a long sustained court battle. It is past time for KNBR to go down and go down hard.

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  30. the thing that kept him from doing his job was he was late all the time.....for whatever reason its no good.....

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  31. Legend in his own mind, overpaid fatass!

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  32. God I wish this will be on Court TV. KRON should air it but I guess they make more off Bay Area Bargains.

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  33. I thought The Game considered KNBR 'old and busted'. By having Ralph on the air to tell his side of the story, they are just giving KNBR more attention.

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  34. I don't understand the chronology of the whole thing. Barbieri's contract is up, he announces he has Parkinson's, Cumulus re-signs (I'm guessing at a lower figure), then suddenly people have problems with his work habits and they start documenting his work habits because they wanted to get rid of him all along?

    Weird. But I know most corps. do this regularly when they suddenly change their mind about someone.

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  35. I just heard this story covered on KCBS a few minutes ago (about 10:50 p.m., Monday night). Ya gotta love seeing sCumulus dirty laundry aired in public. This is gonna be a pip to watch unfold.

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  36. Lots of Rabble Rousing but nothing is going to happen. The case is going to be thrown out. LOL!!

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  37. No more shitty pizza ads.over

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  38. If they hired him *after* he disclosed he had Parkinson's, that could be prima facia evidence that they don't discriminate.

    If Ralph was habitually late (and maybe bored and tired), is that Cumulus' fault? I don't know the legal stance, I'll have to ask a friend who is in the law.

    And his fable that *HE* saved the Giants... really? So Lurie did nothing? Bonds? Fans? Mayors?

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  39. Who had "5:37 pm" on "How long will it take until Ralph talks about OJ?"

    For the most part, I thought it was a good interview. Yes, Ralph sounded like crap getting over being sick. But BT and ED did ask some of the tough questions.

    I'm no fan of Cumulus but Ralph really did come off as a man who got too comfortable in his bubble over the years. He talked about showing up to the station ten minutes before the show and no prep work like it was a badge of how good he and Tolbert were but I think it showed in his work.

    He mentioned about never being talked to in such a fashion at one meeting. Welcome to the other half, Ralphie! If you are not a "rainmaker" or "move the needle", this is how many workers today get treated. No access to the VIPs. No Brent Jones comping you great Sharks tickets for you and the kid with access to the players. 350K for a little over 4 hours of work. You had it good for a long time.

    Personally, my department and I got canned by a huge corporation after 18 to 20 years of service. No regard to our health situations and we all had to sign forms years earlier saying the company could let us go at any time without cause. Welcome to life in America!

    But I know the drill: sue the former company, settle out of court, and hope to get something. I mean, what do you have to lose? But appreciate what you did have that was a lot of money for little work.

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  40. Well then, let's all go make sure we can get seats on McAllister Street. I hope they use their biggest courtroom because it looks like one that many will have an interest in.

    Me: Team Ralph.

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  41. My proposed settlement:

    1) Ralph gets a token $1 and an apology

    2) San Francisco gets KGO back. Cumulus must surrender the license to Micky Luckoff.

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  42. Ralph why don't you get Scott Ostler to write another vanity piece on your behalf?
    A sympathetic story in the Chronicle will garner a lot of support.
    Go Ralph and use the media to score points!

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  43. Anyone who would focus on the perceived panache of an email address or the fact that part of a law firm’s name honors a patriarch is a very small, envious, and dark hearted person. Angela Alioto’s winning record says it all-it’s the truth and talent that matter, not where you buy your pencils and paper.

    Being fired in 7 minutes after 28 years of dedicated, consistent, top-notch service IS dramatic. Yesterday, in typical fashion, Ralph Barbieri clearly dazzled not only his audience, but also the 95.7 FM hosts, laryngitis notwithstanding. This man gave 110% every time he was in front of the microphone and yes, was well paid, after proving himself at every broadcast for 28 years (Ralph earned 380 Grand a year while Dickey was paid 22 Million a year)! Any business owner that would get rid of a talent that generates a no.1 rating for years on end has rocks in his head; any businessman that would do so illegally and disrespectfully is stupider yet and does not deserve to work in his industry. Ethics and morals have gone to hell in a hand-basket in the business world; its time that cutthroats and rogues are made to account for their actions. I hope Cumulus and KNBR get everything that they deserve.

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