Fox Sends ‘Cease and Desist’ to Tucker on Eve of Major Trump Defense Episode.
(thenationalpulse.com)
IT'S AFRAID!
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Why would Tucker even still be subject to a 'do not compete' clause when he was terminated? Shouldn't that have rendered any and all contracts null and void? Or did he agree to a payout in exchange to such contracts remaining in effect? Either way, should be interesting seeing this taken to court. See how dystopian it can get if one man recording his own videos and posting them on social media is officially declared competition for a major corporation.
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.