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Published: Tuesday, 3/5/2013

Radio host Andrew Z sues ex-employer


Former WWWM Star 105 radio morning host Andrew Zepeda is suing his former employer for breach of contract.

Zepeda, 43, of Perrysburg filed a complaint today in Lucas County Common Pleas Court against Cumulus Broadcasting LLC of Toledo claiming he was wrongfully terminated and that Cumulus has wrongfully ordered him to stop streaming live and recorded content on the Internet. He contends that Internet radio is not the same as a commercial radio station and therefore does not violate the “non-compete” clause in his contract that was in effect while he was employed by Cumulus and for six months after.

Zepeda was fired Dec. 26 – five days after he was sentenced in Wood County Common Pleas Court to 30 days in jail and placed on probation for five years for theft, complicity to breaking and entering, and failure to remit sales tax. The charges stemmed from a pizzeria he had operated at Levis Commons.

His attorney, Beau Harvey, said in a statement that Cumulus had threatened to sue Zepeda for broadcasting on a Smart Phone app called Toledo’s App Station. “We don’t believe there’s any competition whatsoever,” Mr. Harvey said. “They are different entities.”

Zepeda is seeking a court order declaring the non-compete language in his contract does not prohibit him from broadcasting on the web. He also is seeking in excess of $250,000 for compensation he claims is owed to him from the remainder of the three-year employment agreement he signed with Cumulus on May 1, 2012.

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