The Bert Show, which ended in October after a quarter century on the radio, has apparently settled a lawsuit against former morning host Moe Mitchell for breach of contract.
Mitchell left the Atlanta-based syndicated morning show in August without explanation after seven years as one of the co-hosts.
In the Superior Court of Fulton County lawsuit, the Bert Show had accused Mitchell of failing “to provide contractually required notice or transition assistance when he decided to abruptly leave the Show.”
Credit: RODNEY HO
Credit: RODNEY HO
Mitchell did not respond to a text seeking comment. Bert Weiss, who originated the show, declined to comment.
Weiss’ attorney, CK Hoffler, said the two parties have amicably settled the lawsuit as of Monday evening.
Last year, Mitchell signed a one-year re-up contract, which had two option years and featured a $143,748 base salary before bonuses year one. It required a 90-day written notice if he chose to depart. He would also have to provide transition and training to a replacement host if the Bert Show required him to do so.
These provisions, the lawsuit said, were “to prevent the substantial harms innate to an on-air personality’s sudden, unexplained departure from the program, such as listener confusion, ratings decline, and damage to advertiser and affiliate relationships.”
Credit: Rodney Ho/
Credit: Rodney Ho/
Weiss, a Friends of Georgia Radio Hall of Fame inductee earlier this year, originated the Bert Show on Q100 in 2001. It became hugely successful and was syndicated in multiple markets starting in 2010. Even with cast turnover, Weiss’ show maintained strong ratings in Atlanta for most of its run, especially among younger women.
He hired Mitchell in 2018 based on his comedy on social media, flying him to Atlanta from New York. Mitchell had no on-air radio experience and Weiss and the rest of the Bert Show helped him learn the craft. He also did stand-up shows, using his fame on the Bert Show to help sell tickets.
According to the lawsuit, Weiss in March notified the entire staff, including Mitchell, of his intention to retire from radio at the end of 2025. Weiss ended up leaving two months earlier in late October.
Mitchell’s attendance and performance began to decline in the spring, the lawsuit said. He took numerous personal days and Weiss, according to the lawsuit, checked in on Mitchell frequently regarding his well being.
In July, the Bert Show hosted a live show at City Winery Atlanta.
“Most employees went above and beyond for this event,” the lawsuit said. Mitchell, “however, was late although he was aware of the call time and declined Weiss’s request to do a stand-up-comedy segment, mocking Weiss’s request.”
Credit: THE BERT SHOW SCREEN
Credit: THE BERT SHOW SCREEN
In the spring, Mitchell won an informal contest among co-hosts to see which one could get the most high-profile celebrity to call into the show. He convinced NFL quarterback Russell Wilson to call in and won five bonus vacation days.
Mitchell requested to take one of three weeks off in August, but Weiss denied the request because others hosts already had pre-approved vacation time during those weeks. Weiss did not want more than one of the four co-hosts gone at any given time.
In defiance, Mitchell took the time off anyway, then did not return to the show at all, according to the suit. “On August 8, 2025,” the lawsuit noted, Mitchell’s “legal counsel sent a draft complaint to the Show, threatening to sue the company.”
He “did not respond meaningfully to the Show’s efforts to secure his return,” the lawsuit said.
Mitchell’s last day of effective employment was Aug. 11, and the Bert Show announced his departure to the public Aug. 19 but provided minimal information.
Mitchell has both a weekly podcast and “bonus” podcasts for Patreon subscribers, where he discussed the Bert Show.
In a September subscriber-only video, Mitchell said over time, he felt increasing tension being the only Black guy on the Bert Show. “I tried to zone that out,” he said, “and believe I was there for a reason and a purpose.”
On the final day of the Bert Show Oct. 24, Mitchell in a separate video said he gave everything he could to the Bert Show over seven-plus years and then some.
“I gave things that put me deep in therapy,” he said. “I had to ask, ‘Who am I? Who am I becoming?’ … But I was never lost. God was with me the entire time.”
Mitchell also proffered gratitude for what the Bert Show was able to give him: a platform to express his thoughts and ideas and build a base of support.
“I loved the connection that I build in the community that came of my time on the show,” he said. “I’ll be forever grateful for that.”
This story has been updated to reflect the lawsuit settlement.
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