Thu Nov 12, 2009 @ 11:10AM PST
By Eriq Gardner
Jon Gosselin is fighting back against TLC, accusing the network of breaking child labor laws and countersuing
for $5 million.
A month ago, the reality TV star was sued for breaching
the exclusivity and morals portions of his contract.
Gosselin has answered the charges by filing court papers
arguing that the contract he signed for his family was illegal and thus, unenforceable. Specifically, Gosselin argues that the contract "failed to provide payments to (his) eight children and included terms and conditions requiring the children to provide services which are currently being investigated by the State of Pennsylvania's Department of Labor and Industry, pursuant to the Child Labor Law."
We've discussed some of the labor issues
involved in reality TV, including the "Jon & Kate Plus 8" child labor investigation, so it'll be interesting to see if the vagaries of state labor laws can nullify a contract.
Gosselin also argues that the contract he signed was unconscionable because neither he nor his wife were represented by an attorney nor manager when they entered into the agreement. Few reality TV stars retain legal reps, we're doubting this argument will fly with the court.
Among other things in this fascinating response, Gosselin also argues the network failed to show irreparable harm because the show is on hiatus and TLC will have trouble quantifying its damages.
In a separate court filing
obtained by Radar Online, Gosselin is asserting several affirmative defenses and counterclaiming for $5 million in damages.