ABC executive alleges he was fired for not firing.ABC's former senior vice president of research has filed a $2.5 million lawsuit against the network, claiming he was fired after refusing an order from network president Alex Wallau Alex Wallau is a former President of ABC television. He also worked in their sports division as a boxing commentator. He spent the first half of his career in sports, and he transitioned into management where he obtained most of his experiences as the ABC president. to dismiss two subordinates. In a suit filed in L.A. Superior Court earlier this month, Andrew Fessel said tie was discharged in late 2003 "in retaliation for Mr. Fessel's refusal to comply with Mr. Wallau's directives to fire minority and women employees." Wallau was named along with ABC ABC in full American Broadcasting Co. Major U.S. television network. It began when the expanding national radio network NBC split into the separate Red and Blue networks in 1928. and its parent company, Walt Disney Co., in the stilt stilt, common name for some members of the family Recurvirostridae, shore birds including the avocet. Stilts, as their name implies, have the longest legs of any bird except the flamingo. that alleges breach of executive employment agreement, breach of an implied covenant. wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). and retaliation. Susan Binford, Disney's senior vice president of corporate communications, speaking on behalf of the company and Wallau, declined comment since the company has not been served with the suit. But, she added, "similar claims were raised by Mr. Fessel prior to the complaint being filed, and we determined then they were completely unfounded." "He was told he needed to clean house and should start with these two," said Patricio Barrera. a partner at Martin Barrera & O'Connor LLP LLP - Lower Layer Protocol , who declined to name the employees. "Remarks were made that led my client to believe he wanted them fired because of the African-American's race and the woman's gender." In his suit, Fessel said he had a two-year employment agreement with ABC for a $300,000 annual salary, Disney stock options and bonuses, mid $940 per month for an automobile allowance. He also had an option to extend the job an additional year, the suit says. Under his employment agreement, Fessel could be fired only for "'gross negligence, willful misconduct, nonfeasance The intentional failure to perform a required duty or obligation. Nonfeasance is a term used in Tort Law to describe inaction that allows or results in harm to a person or to property. or material breach" and has five days after a termination notice to "cure such breach," according to the suit. "The termination letter basically says you're terminated and we don't believe you can cure the reasons you're being terminated. It didn't say what he breached," Barrera said. Fessel, who had headed the research department at Fox Broadcasting Co. before moving to ABC in October 2002, remains unemployed, Barrera said. He is seeking lost pay, benefits and damages totaling $2.5 million, plus attorneys" fees and punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. , Barrera said. Wallau, a former producer for Howard Cosell, was named president of the network in 2000 after filling in on an interim basis. replacing Patricia Fili-Krushel. |
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