A Rhode Island judge has denied broadcast giant Cumulus, owner of several Providence radio stations including WPRO-FM and WPRO-AM, an injunction that would have prevented The Sun Chronicle’s advertising director from working for six months.
Cumulus sought an emergency temporary restraining order against Michelle Fulcher, claiming she violated a non-compete order.
Fulcher worked for Cumulus from 2016 until last May when she was hired as director of advertising for The Sun Chronicle.
Cumulus claimed Fulcher’s work at The Sun Chronicle caused the broadcast company immediate and irreparable harm. The temporary restraining order request was brought forth by Fulcher’s former boss at Cumulus, Holly Paras.
Kent County Superior Court Judge Richard Licht last week denied the request, saying Cumulus failed to prove immediate and irreparable harm was done to any of its properties.
Cumulus sought to prevent Fulcher, the mother of a 2-year-old girl, from working in sales for six months anywhere within a 50-mile radius of East Providence, home of Cumulus’s Rhode Island properties.
Fulcher, 39, of North Attleboro, worked as a sales representative at The Sun Chronicle from 2009 to 2016 before taking the job at Cumulus.
Non-compete clauses are forbidden in much of the media business in Massachusetts. The commonwealth’s courts have deemed them a restraint of trade that render a person unemployable.
Fulcher was represented by attorney Vicki J. Bejma of the Providence law firm Robinson and Clapham.