“Got Your Six”, Eh?
Everyone here’s doubtless heard about the “Got Your Six” campaign out of Hollywood. NBC – yeah, that NBC, the same one that brings us MSNBC – is a sponsor.
NBC also now is part owner of the Weather Channel. I didn’t know that, but it’s also not surprising. Media companies get bought and sold by other media companies all the time, and NBC is one of the “big dogs” in the industry.
Well, it looks like NBC might have been caught being just a tad hypocritical. (What a surprise.) Seems that a former Weather Channel host, Nicole Mitchell, has brought a lawsuit against NBC her former emloyers. She’s an officer in the USAF Reserve and a member of the USAFR’s “Hurricane Hunters”. And she alleges that NBC fired her as a Weather Channel host because of her military status.
Mitchell’s allegations on the surface appear fairly damning, assuming they’re accurate. There appears to be an escalating pattern of discriminatory behavior, starting after NBC acquired ownership interest in the Weather Channel, culminating in a firing. And all of it clearly seems to be be based largely if not entirely on Mitchell’s military reserve status.
But at this point, they’re just allegations. They aren’t yet proven.
The Weather Channel, predictably, has declined to comment on the pending lawsuit other than to say that they don’t discriminate, they follow the law, and that Mitchell’s allegations are “inaccurate” – without providing any specifics, of course. Figures. But unlike our “Best Friend” Timmy Poe, at least they seem to know when to keep their mouths shut to avoid eating more foot.
NBC and the Weather Channel probably should hope Mitchell can’t prove her allegations. There’s this little thing called the Uniformed Services Employment/Reemployment Rights Act on the books. Has been since 1994.
It’s a Federal law. And it says, very clearly, “You can’t do that. ”
“Got your six”, eh? Yeah, NBC – looks like you “got her six”, alright. But I don’t think what you seem to have done here is exactly what the term means.
If Mitchell prevails in court, well, here’s hoping she returns the favor and “gets NBC’s seven”. As in seven figures or more.
Category: Legal, Media, Military issues, Veterans Issues
So far, I’m not seeing s story here. Her contract wasn’t renewed.
My BS meter also goes off every time I see the media refer to somebody as “highly decorated”.
That is precisely what WC and NBC will claim, CI. However, it’s a civil suit. “Preponderance of evidence” (e.g., more likely than not) is the standard of proof required for her to prevail.
If she’s still got a copy of that e-mail requiring her to “clear military assignments in advance”, her former employers could be in deep dudu – employers are forbidden to do that under USERRA. That’s particularly true if she can demonstrate that contracts were routinely renewed for WC anchors and that the vast majority of those who left left voluntarily.
The USERRA is rather often violated. Though most allegations aren’t substantiated, many are. Even Federal agencies get caught doing so from time to time.
http://www.dol.gov/vets/programs/userra/FY2010%20USERRA%20Annual%20Report.pdf
The interesting thing about EEO/Diversity laws. It’s not intent that is judged, it is effect. USAFR Major is let go, but there’s no documentation of under-performance or weight gain, and she’s in a protected class.
Not looking good for her former employers.
My bet is they’ll settle for high 6 figures, so they don’t get hammered for 8.
Hondo,
USERRA is nice, and mostly toothless. The EEO/Diversity laws are made for these situations.
Yeah, the slogan should be changed to “We have hold of your six, so stop struggling.”
She is not the only Guard member on the Weather Channel. Warren Madden http://www.weather.com/tv/personalities/Warren-Madden.html was a Lt Col with the Hurricane Hunters for a number of years, including quite a bit of overlap with Nicole. My own thoughts are that the new regime did not support the Reservists…
Having filed a USERRA complaint against a former employer with the Dept. of Labor several years ago, I have t agree with DaveO. If you want results, hire your own attorney at your own expense and you’ll be better off.
Here’s a little discussed fact: Nicole Mitchell is a graduate of Georgia State University College of Law as well. That’s right, she did here job, did her reserve duty, and went to law school at night. I am told she is, on top of being very smart and attractive, an extremely nice person. One should probably assume that she got her ducks in a serious formation before she brought this suit. It should be interesting.
I think NBC has her 6 alright – her DEEP 6!