Former News Anchor Wins Retaliation Case Against WNEM-TV5
October 21, 2025


Jessica Mathews / news@whmi.com
A Genesee County jury has ruled in favor of a former news anchor in a retaliation case.
David Custer of Fenton filed suit against WNEM-TV5 and its Vice President and General Manager alleging retaliation in violation of Michigan labor law and the Elliott-Larsen Civil Rights Act, causing emotional distress.
The three-day trial was held in Genesee County Circuit Court before Judge B. Chris Christenson. After two days of deliberation, a jury of six men and two women delivered a unanimous verdict in Custer’s favor.
Court records show the verdict was in favor of the plaintiff.
Custer, who was terminated from WNEM in July 2024 after 11 years with the station, filed suit alleging he was retaliated against after supporting a workplace complaint made by his co-anchor, Meg McLeod, to the station’s Human Resources department. During trial, McLeod testified that she would not renew her own contract next year if the same management team remained in place.
According to testimony, WNEM General Manager Ken Frierson was served with Custer’s lawsuit on July 25th, 2024. That same day, Frierson said he decided to remove Custer from the air, later claiming concern that Custer might say something negative about the station live on air. Frierson testified he placed Custer on a “pay, no play” clause through the end of his contract month.
Custer testified that he was pulled from a charitable event and told by News Director Jayne Hodak Soboleski that his “services were no longer needed.” His husband, Dan Buccilli, told jurors that after being terminated, Custer became depressed and withdrawn for several months.
The jury awarded $40,000 in damages, with attorney Thomas R. Pabst estimating attorney fees and costs will bring the total award to more than $150,000.
Custer issued the following statement:
“I’m happy with the verdict. It was never about the money. It was about the truth. We could’ve settled, but it was really about accountability. To hear a jury of my peers unanimously confirm that both WNEM and my former General Manager retaliated against me with the little evidence we were allowed to present was validating. I poured my heart and soul into WNEM. I loved that station and my team. I’m grateful for my incredible husband, expert attorneys, all the support from my former colleagues, my loved ones, and my community. This was a long road and hard fight. I promised so many of my colleagues both past and present that I would take this to the end. This win was for everyone who doesn’t think they can fight back against being mistreated in the workplace. There will be hardships, mental anguish and lots of tears, but the truth always wins.”
Attorney Tom Pabst released the following statement:
“The judge took an ax and whittled our case down to a toothpick of evidence and we still won with a unanimous jury. That’s not easy to do. The judge didn’t leave us with much evidence to prove anything in a retaliation case. Ken Frierson said in writing that if you don’t have any discipline, the policy of the TV station is to offer a contract renewal. He didn’t do that. The judge never should’ve excluded that. This verdict cleared David’s name and it showed people in our community that WNEM was wrong. The defense was afraid of this case getting in front of a jury and fought it every step of the way. They wanted a trial to be decided by a judge and tried to win on motions. Ken Frierson signed his name to a termination letter restricting David from working in his profession for a year, and he knew all along it was fraudulent. He told David he had to abide by a restrictive covenant that didn’t apply because he was not offered a renewal contract. It was fraud. The defense told the jury in their opening statement they would hear from Ken Frierson and Jayne Hodak Soboleski, but Hodak Soboleski never took the stand. I don’t blame them. It wouldn’t have helped. They’re both poor witnesses. In my opinion, it was really Hodak Soboleski who carried out firing David. She was the vicious one, the one who acted in a fit of pique.”
A release states:
“Custer, a 12-time Emmy Award-winning journalist, spent years as a trusted anchor and storyteller at WNEM-TV5. The verdict marks a significant moment in Michigan broadcasting and underscores protections for employees who speak up against workplace retaliation.”
WHMI reached out to WNEM for comment on Monday afternoon and has not received any response.