Decision of Note

The U.S. Court of Appeals for the Seventh Circuit decided that NBC didn't breach the employment contract of a producer for the investigative TV series “Dateline” when it fired the producer at the end of a contract cycle. Bartel v. NBC Universal Inc., 07-3913.

Veteran reporter Marsha Bartel had been hired under a four-year contract to produce a “To Catch a Predator” segment in which online predators have been lured to supposed sexual encounters with minors, only to be arrested. The arrest incidents have been filmed and aired on “Dateline.” After Bartel refused to produce the segment on the ground that it violated NBC's ethical guidelines, NBC fired her, citing budget cutbacks. (One “Predator” episode resulted in a pre-trial settlement this year of a $105 million suit against NBC by the family of a Texas prosecutor who committed suicide as he was about to be arrested on camera.)

Bartel's employment contract stated: “The term of this Agreement shall commence on December 26, 2005 and shall continue, subject to suspension, extension or termination as hereinafter provided, for a period of two hundred and eight (208) consecutive weeks thereafter. The term hereof shall be divided into four (4) consecutive cycles of fifty-two (52) weeks each. NBC shall have the right to terminate this Agreement effective at the end of any cycle prior to the last by giving Artist written notice not less than twenty-eight (28) days prior to the end of any such cycle.”

Bartel argued that the agreement was ambiguous because the words “term” and “cycle” weren't defined. But affirming the district court's dismissal of the complaint, the appeals court noted: “The 'term of this Agreement' is 208 consecutive weeks, with a specified start-point and endpoint. That period is divided into four consecutive, equal 52-week sub-intervals, each of which is referred to as a cycle. A reasonable person reading this paragraph would not be confused about the meaning of the words 'term' or 'cycle' as they are used in the agreement. A definition does not have to read 'noun X is defined as … .'”

The U.S. Court of Appeals for the Seventh Circuit decided that NBC didn't breach the employment contract of a producer for the investigative TV series “Dateline” when it fired the producer at the end of a contract cycle. Bartel v. NBC Universal Inc., 07-3913.

Veteran reporter Marsha Bartel had been hired under a four-year contract to produce a “To Catch a Predator” segment in which online predators have been lured to supposed sexual encounters with minors, only to be arrested. The arrest incidents have been filmed and aired on “Dateline.” After Bartel refused to produce the segment on the ground that it violated NBC's ethical guidelines, NBC fired her, citing budget cutbacks. (One “Predator” episode resulted in a pre-trial settlement this year of a $105 million suit against NBC by the family of a Texas prosecutor who committed suicide as he was about to be arrested on camera.)

Bartel's employment contract stated: “The term of this Agreement shall commence on December 26, 2005 and shall continue, subject to suspension, extension or termination as hereinafter provided, for a period of two hundred and eight (208) consecutive weeks thereafter. The term hereof shall be divided into four (4) consecutive cycles of fifty-two (52) weeks each. NBC shall have the right to terminate this Agreement effective at the end of any cycle prior to the last by giving Artist written notice not less than twenty-eight (28) days prior to the end of any such cycle.”

Bartel argued that the agreement was ambiguous because the words “term” and “cycle” weren't defined. But affirming the district court's dismissal of the complaint, the appeals court noted: “The 'term of this Agreement' is 208 consecutive weeks, with a specified start-point and endpoint. That period is divided into four consecutive, equal 52-week sub-intervals, each of which is referred to as a cycle. A reasonable person reading this paragraph would not be confused about the meaning of the words 'term' or 'cycle' as they are used in the agreement. A definition does not have to read 'noun X is defined as … .'”