WRKO wants court to order Carr to stay with station
The very public brouhaha between talk radio host Howie Carr and WRKO-AM took another twist this week, when the station filed a counterclaim in Suffolk Superior Court to force the personality who dominates local afternoon radio to stay with the station he has publicly spurned.
The high-stakes media battle began last month when Carr shocked his bosses by saying he planned to take over the morning drive-time shift on rival station WTKK-FM this fall. The conservative talker sued Entercom, and accused the station of trying to keep him as a "virtual indentured servant."
The embarrassing episode is only the latest problem for WRKO.
The station faced heated criticism for inviting the producer of controversial shock jock Don Imus, Bernard McGuirk, to try out as former House Speaker Tom Finneran's morning drive-time sidekick. Now the station faces the prospect of losing its top personality.
"There comes a point where forcing someone back on the air who hates your guts and doesn't want to be there is not a productive strategy," said Dan Kennedy, who teaches journalism at Northeastern University. "It just seems to me Howie is their only asset, and this leaves them in really dire straits."
In July, Carr said that he would leave WRKO when his contract expired on Sept. 19 and begin hosting a show with similar format on WTKK. Less than 24 hours after being notified that Carr was leaving, Entercom took advantage of a clause in Carr's contract that gives the company "the right of first refusal," or the opportunity to match any competing of fer.
Carr, whose lawyer, Bret Cohen refused to discuss how much Carr was paid by WRKO last year, sued Entercom alleging that the clause was illegal under state law and blasted off a fiery statement.
"Entercom is willing to negotiate my contract -- as long as the bottom line means keeping me as a virtual indentured servant," he said.
Carr appeared on the air that week, compelled to read a statement saying he would not discuss his personal situation on air.
Now, the counterclaim asks the court to dismiss claims filed against Entercom and award the firm further relief, alleging breach of contract, conspiracy, and other issues, naming Carr or his agent, Cary Pahigian, as defendants.
"At this point it is nothing more than a bidding war and a contract dispute that you could have in any industry -- it's just this is such a high profile industry," said Michael Harrison, publisher of Talkers magazine, a trade publication for the talk radio industry based in Springfield.
It is unclear whether the station actually seeks to have Carr stay on as afternoon host or are seeking a settlement.
Paul Holtzman, cochair of the Boston Bar Association's labor and employment law section, said it was unusual to see such litigation in professions -- such doctors or broadcasters -- where state law prohibits covenants that bar employees from competing with the companies they leave.
"If RKO were to win and compel him to accept their offer, there might be a settlement -- money changing hands to release him from that obligation," Holtzman said.
Carolyn Y. Johnson can be reached at cjohnson@globe.com. 