Fox Sends ‘Cease and Desist’ to Tucker on Eve of Major Trump Defense Episode.
(thenationalpulse.com)
IT'S AFRAID!
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Simply being terminated DOES NOT violate an employment contract or an NDA. An employment contract contains the terms of employment. They usually have a clause like we will pay you [amount] for [task], however we can terminate you for....morals violations....drug usage...not doing your job...bad ethics....harming corporate moral...putting the company in jeopardy, and a lot of other such clauses. The NDA would survive such justified terminations.
Something that would terminate an NDA would be if the company stopped paying the employee. That's a violation of the contract. The NDA would probably NOT survive a contract violation.
The courts will NOT protect a company for making a bad decision. If the company enters a contract that has bad financial consequences, for example, the court will not save the company from a bad decision. A contract is a contract, good or bad.
Fox acted in Bad Faith by not allowing Tucker to maintain his ‘Brand Equity’. Bad Faith violated the covenants of Fair Dealing. Cant do that.
I suppose the argument could be made that Tucker was hired as an "On Air" talent. If Fox now has him being a Desk-Jocky, that's the breach. Faith not required.