Paying Someone Not to Work Does Not Breach Employment Contract By: Shanna

Summary Dan Rather worked for CBS News. Dan was removed from the CBS Evening News in March, 2005 but still worked for CBS. His contract lasted until June, He received $6 million a year. Since he was under contract he was not allowed to work for another network unless CBS approved of it. Dan wanted to work somewhere else so he could get more money so he claimed that CBS breached under contract, was liable for tortious interference and for fraud.

Key Words Breach: act of breaking or failing to observe a law or contract. Tortious Interference: is a common law tort allowing a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships. Fraud: wrongful or criminal deception intended to result in financial or personal gain.

Decision Dan claimed that he lost money because he could have worked somewhere else for more than the amount he was getting at CBS. This was not a valid argument because he did not identify an opportunity that could have earned him more than CBS. CBS did not breach its obligations to Dan Rather’s. All claims made were dismissed.

Citation Rather v. CBS Corp., ---N.Y.S.2d--- (2008 WL , App. Div., N.Y., 2009)