Tom Martino quietly pressing lawsuit against Fox31-TV UPDATE: Lawsuit settled.

[Colorado Media Newsroom]

From The Denver Post:

Media personality Tom Martino has quietly pursued his long-ago promise to sue former employer Fox31-KDVR television in federal court for ending his employment when he filed for personal bankruptcy protection in 2011.

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Tom Martino, 59, after his arrest on domestic violence, is suing Fox31.
(Handout photo)

Initially filed in August, Martino, 59, claims in the lawsuit that the station dropped him and his new Martino TV segment when it learned he was filing for bankruptcy, a move the self-proclaimed troubleshooter said violated federal law protections against such conduct.

The station, in response to the claim, said it simply did not renew its contract with Martino, saying his personality was “too strong” for the direction it wanted to go and it wanted a host with “less personality.” That Martino filed for bankruptcy had nothing to do with it, according to the case filed in U.S. District Court in Denver.

Individuals who filed for bankruptcy protection are protected by federal law from employers who toss them as a result. KDVR and its owner, Community Television of Colorado, say the law only applies to firings that come after bankruptcy has been filed and cited case law to support that defense.

Martino’s lawyer — the same one who helped him with the Chapter 7 case from which he was discharged last year — said although the station told Martino of its intent to not renew his contract shortly after he announced his bankruptcy intent in a website blog posting, the contract actually ended several days after he filed Chapter 7 in September 2011.

Martino’s lately made news with his arrest on a domestic-violence charge Dec. 20 involving his 45-year-old troubleshooting-partner wife, Holly Martino. Martino allegedly punched her in the face, leaving her with a bloody nose as there were in the car. He faces a Denver County Court hearing on March 5 on the misdemeanor charge, including another for disturbing the peace, court records show. A hearing scheduled for Thursday was vacated.

Martino cut a deal with bankruptcy trustee Simon Rodriguez in August that allows Martino to pursue his lawsuit against Fox31 — it was legally the possession of his estate that Rodriguez controlled — agreeing to divvy up any proceeds with the estate, court records show. Martino gets to keep 80 percent of anything he makes in the lawsuit, after his attorney fees are paid, according to that agreement.

Martino’s radio show remains on the air, but he’s been lately absent from other high-profile endorsements such as a once omni-present mugshot for Granite Depot.

The Fox31 lawsuit is likely to remain quiet for a bit as both sides recently agreed to confidentiality provisions for documents shared in the course of their discovery.

more (http://blogs.denverpost.com/thebalancesheet/2014/01/14/tom-martino-quietly-pressing-lawsuit-against-fox-31-tv/11438/)

[Colorado Media Newsroom]

From The Denver Post:


Radio's self-proclaimed troubleshooter Tom Martino has quietly settled his federal discrimination lawsuit against KDVR Fox 31 television for undisclosed terms.

Monday's settlement, which requires approval from U.S. District Judge Raymond Moore presiding over the 10-month-old case, marks the end of Martino's courtroom presence that began with his personal bankruptcy in 2011.

In the lawsuit against Fox 31, his former television employer, Martino alleged the station refused to renew his contract when it learned he was filing for bankruptcy. The station denied the assertion in court documents.

Martino had been the station's consumer-advocate reporter since 2000. In 2009, the station started a new bit, "Martino TV," which featured paid segments from advertisers and shared the proceeds with Martino.

The long-time radio host of the Troubleshooter show, Martino says he blogged in July 2011 that he was likely going to file for bankruptcy protection, the result of a collapsed real estate market that caught up with a number of his investments.

A month later, station managers said his contract would not be renewed, allegedly because the native of upstate New York had "too strong" of a personality.

He filed for bankruptcy on Sept. 2, 2011, and Fox 31 officially handed him his walking papers nine days later. The station is owned by Community Television of Colorado.

Martino's lawsuit sought back pay from Sept. 12, 2011, pointing to a base salary of $50,000 a year that was augmented by a percentage of the advertising revenue generated from the Martino TV show.

For the nine months of 2011, Martino said the station paid him nearly $112,000, and, based on figures provided in court papers filed in the case, was owed more than $400,000 from the time his contract was not renewed through last week.

He also sought "front pay" for five years, or about $800,000.

Reached by e-mail late Monday, Martino refused to discuss the settlement, citing confidentiality.

Representatives of Fox 31 did not immediately respond to efforts to reach them.

Martino's legal troubles mounted following his bankruptcy, which lasted more than two years. Although the bankruptcy matter remains open, Martino was discharged in March 2013.

Martino agreed to pay $3.6 million to settle his bankruptcy, but by paying $3.2 million by the end of 2013 the remaining amount was forgiven as part of a court-approved deal.

Part of the bankruptcy settlement included a provision in which Martino agreed to pursue his lawsuit against Fox 31 and, in return, would give 20 percent of any proceeds to the bankruptcy estate.

Martino has had a number of personal problems since his bankruptcy. Last year he was cited for harassment after an incident in a Douglas County restaurant. That case was dismissed.

And last month Martino pleaded guilty to the lesser of two charges in a domestic violence case in which he allegedly punched his wife as she tried to get out of the car he was driving. Martino maintains he did not hit his now-ex-wife, Holly Martino, who he said was drunk at the time.

The 60-year-old pleaded guilty in Denver County court to disturbing the peace. A misdemeanor assault charge was dismissed as part of a plea deal that gave him a deferred judgment. The charge could be removed from his record if he stays out of trouble and fulfills the terms of his one-year probation.

Martino still hosts his Troubleshooter weekday morning radio show on KHOW 630 AM.


more (http://www.denverpost.com/business/ci_25889024/troubleshooter-tom-martino-settles-fox-31-discrimination-claim)