Difolco v. Msnbc

831 F.Supp.2d 634 (2011)

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Nature of the Case

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Facts

P entered into a two-year employment contract with D. D hired P to be the Los Angeles-based correspondent for two shows, 'MSNBC at the Movies' and 'MSNBC Entertainment Hot List.' During the summer of 2005, P was not happy with her work at D. P began to think about leaving D. On August 23, 2005, P sent an email to Mr. Kaplan: left a msg [sic] at your office yesterday . . . i'm planning on working out of nj next Friday 9/2, so i can meet with you, at your convenience, anytime thursday. unfortunately, it really saddens me to say that after much considerable thought, it is to discuss my exit from the shows. you have been nothing but supportive and mentoring of me since the day we met and i want to make sure i do this in the least disruptive manner possible and give you ample time to replace me.... rick, i really wanted this to work and more importantly, wanted to be a part of your team for a long time to come. i'm so sorry. Kaplan responded: 'Sorry to hear this . . . but I'll see you when you're here.' The morning of August 24, 2005, P forwarded to Mr. Lindner, her agent, her August 23 email to Mr. Kaplan with a cover note stating: ken, i should have let you know about this letter earlier, but i just couldn't take it anymore. i tried so hard to fix this . . . .from my perspective, and others' who have worked with scott, past and present, the environment is toxic and the situation hopeless, please call me to discuss . . . On August 24, 2005, P sent a second email to Kaplan (the 'August 24 email') that stated in part, '[T]o be clear, i [sic] did not resign yesterday and was merely giving you significant notice of my intention so you could begin thinking about alternatives for next year. as [sic] always, count on my continued professionalism.' On August 28, 2005, Kaplan sent an email to Mr. Leon, copying Melissa Jones, in which Mr. Kaplan stated: drop her off the show immediately . . . take her off payroll etc as of Friday . . . after all she resigned! ...Call her agent and inform him . . . and remember she quit . . . we owe her NOTHING!!! On August 28, Kaplan responded to P's August 24 email, stating: My complete impression is that you have resigned . . . and offered the courtesy of working out an exact out-date ... I made Scott aware of this . . . and we feel that sooner is better since your obvious intent is to leave. Best for all to do it quickly . . . I'm disappointed . . . to say the least . . . On August 31, 2005, P sent a final email to Kaplan: I don't understand how you could have developed such a 'complete impression.' It was my intention to give you long-term notice that I was terribly disappointed in the way I was treated and was not planning on returning for the second year of my contract. Kaplan directed that P be removed from the MSNBC payroll in September 2005. On November 14, 2005, D sent P a letter providing notice that pursuant to Paragraph 4(a) of' the Contract, D was exercising its 'unilateral right to terminate [the Contract] at the end of the first cycle by giving P written notice not less than sixty (60) days prior to the end of such cycle.' P sued D in part for breach of contract and D moved for summary judgment.