Harvey Weinstein Will Challenge Firing At Tuesday's Board Meeting
Harvey Weinstein will challenge his firing by The Weinstein Company at this month's Board of Directors meeting ... TMZ has learned.
We're told the firing is on the Board's agenda for the October 17 meeting. Sources connected with Weinstein say he will be present by phone -- Weinstein is expected to be in a live-in rehab facility ... we're told he's checking in as early as Friday.
Our sources also say Weinstein's civil lawyer, Patty Glaser, will be present at the meeting as well to make the case.
We're told Weinstein's position -- he did not violate his current contract, which he signed in October 2015. He maintains no sexual harassment complaints were lodged after he signed the contract. We're told TWC never gave Weinstein it's reason for the firing.
What's more, we're told Glaser will argue Weinstein could only be terminated after mediation and arbitration.
We're told the company's position is that it had a right to fire Weinstein immediately and he has a right to challenge the decision in mediation and arbitration.
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Amazon Exec Suspended Amid Sexual Harassment Claim
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Breaking News
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Amazon Studios President, Roy Price, has been suspended after facing allegations he sexually harassed the producer of one of his hit shows.
Price is reportedly on a leave of absence effective immediately. Earlier Thursday ... Isa Hackett -- an executive producer on "The Man in the High Castle" -- claimed Price made sexual remarks toward her at Comic-Con in 2015 by saying, "You will love my d**k."
Price's suspension came hours after Rose McGowan made strong accusations that Price and Amazon's CEO both knew about Harvey Weinstein's history of sexual assault.
1) @rosemcgowan
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Harvey Weinstein Contract with TWC Allowed for Sexual Harassment
Harvey Weinstein may have been fired illegally by The Weinstein Company, a company that wrote a contract that said Weinstein could get sued over and over for sexual harassment and as long as he shelled out money, that was good enough for the Company.
TMZ is privy to Weinstein's 2015 employment contract, which says if he gets sued for sexual harassment or any other "misconduct" that results in a settlement or judgment against TWC, all Weinstein has to do is pay what the company's out, along with a fine, and he's in the clear.
According to the contract, if Weinstein "treated someone improperly in violation of the company's Code of Conduct," he must reimburse TWC for settlements or judgments. Additionally, "You [Weinstein] will pay the company liquidated damages of $250,000 for the first such instance, $500,000 for the second such instance, $750,000 for the third such instance, and $1,000,000 for each additional instance."
The contract says as long as Weinstein pays, it constitutes a "cure" for the misconduct and no further action can be taken. Translation -- Weinstein could be sued over and over and as long as he wrote a check, he keeps his job.
The contract has specific language as to when the Board of Directors can fire Weinstein -- if he's indicted or convicted of a crime, but that doesn't apply here.
There's another provision ... he can be fired for "the perpetuation by you [Weinstein] of a material fraud against the company." The question ... where's the fraud? Lance Maerov, the board member who negotiated Weinstein's 2015 contract, said in an interview -- and we've confirmed -- the Board knew Weinstein had settled prior lawsuits brought by various women, but they "assumed" it was to cover up consensual affairs. The Board's assumption does not constitute fraud on Weinstein's part.
And here's the kicker. Even if Weinstein had committed fraud by not fully informing the Board of Directors, the contract says before he can be fired he has a right to mediation and if that doesn't work, he's entitled to arbitration. He got neither. He was summarily fired, and sources connected with Weinstein tell TMZ he was never given a specific reason.
A source connected with TWC tells TMZ, the company had a right to fire Weinstein if he didn't notify the Board of Directors of settlements. We're told there have been no settlements since the contract was signed, so it would seem this clause does not apply.
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Rose McGowan I'm Slaying Jeff Bezos Now ... You Knew About Weinstein!!
Rose McGowan is wasting no time -- shortly after getting back on Twitter she launched an attack on Jeff Bezos and Amazon Studios ... but it's still all about Harvey Weinstein.
Rose posted a pic of a female samurai with the caption "it's on" ... then lit into Bezos over a blown script deal and Weinstein. Rose claims she told the head of Amazon Studios Weinstein had sexually assaulted her.
1) @jeffbezos I told the head of your studio that HW raped me. Over & over I said it. He said it hadn’t been proven. I said I was the proof.
@rosemcgowan
She also hints Bezos and Amazon were going to sell her script to The Weinstein Co. -- or as she put it ... "a Weinstein bailout" -- which would clearly piss her off.
There's a lot more, but Rose's bottom-line is she wants Bezos to "stop funding rapists, alleged pedos and sexual harassers."
5) @jeffbezos Be the change you want to see in the world. Stand with truth. #ROSEARMY #Amazon
@rosemcgowan
As we reported, Twitter blocked Rose's account after she posted someone's phone number ... but she's not backing down from her public attacks on Hollywood power players.
We've reached out to Amazon ... no word back yet.
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Ex-USC Linebacker Osa Masina Pleads Guilty To Sexual Battery Faces 3 Years In Jail
Ex-USC football player Osa Masina pled guilty to 3 counts of sexual battery -- all misdemeanors -- in a Utah courtroom today ... and faces up to 3 years behind bars.
Back in 2016, a 19-year-old woman said she fell asleep after partying with Masina, now 20, and friends. She told police when she woke up Masina was anally raping her. She also said Masina engaged in oral sex with her while she was asleep.
The ex-USC linebacker was initially charged with rape and two counts of forcible sodomy -- both 1st degree felonies.
This morning, Masina appeared in a Salt Lake City court and pled guilty to reduced charges -- 3 counts of misdemeanor sexual battery. He faces a year in jail for each count.
Masina will be sentenced in December.
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Harvey Weinstein Jets off to Rehab
Harvey Weinstein has just taken off to get treatment for behavioral issues that include sex addiction ... TMZ has learned.
The fallen mogul took a private jet from Van Nuys Airport bound for Arizona. He's set to land in the city of Wickenburg near the highly respected Meadows rehab center.
Our sources say some people on his team wanted Harvey to receive treatment at The Meadows facility, but we are getting conflicting information as to whether or not that is the place he will be receiving treatment. We have confirmed, however, he will be getting treatment at an inpatient program.
Our camera was at the airport when Weinstein arrived, but a member of his entourage was anything but happy to see us.
TMZ reported on Tuesday that Weinstein was set to leave the country for rehab. We now know the destination was Switzerland, but the plan changed and he and his team decided he would get treatment in the United States.
If he is receiving treatment at The Meadows, the facility is equipped to handle behavioral issues and sex addiction.
The Meadows has a program called Gentle Path ... a 45-day inpatient rehab for those with sex addiction issues. The program includes equine therapy, expressive arts therapy, meditation, yoga and intensive counseling.
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Ben Affleck Sorry for Groping Hilarie Burton As More Inappropriate Vid Surfaces
Ben Affleck is apologizing for apparently groping former MTV host-turned-actress Hilarie Burton, but he's also dealing with another, arguably worse video of himself and a female reporter.
The incident came to light when former "Total Request Live" host tweeted, "I didn't forget" in response to a fan tweeting Ben "also grabbed Hilarie Burton's breasts on TRL once. Everyone forgot though" back in 2003.
Ben tweeted an apology on Wednesday saying, "I acted inappropriately toward Ms. Burton and I sincerely apologize."
Ben's come under fire since Rose McGowan put him on blast for acting like he didn't know about Harvey Weinstein's rampant sexual harassment.
Burton, who was 21 at the time, tweeted an MTV clip where she joked about the incident with Ben, saying, "He comes over and tweaks my left boob."
Another video has also resurfaced from 2004 -- in which Ben gets a Canadian TV host to sit on his lap while his hands are all over her. Ben told her, "They would like the show better if you did it topless, wouldn’t they?"
Also, around the 4 minute mark, Ben mocks people with Cerebral Palsy. It's bad.
He's yet to say anything about this incident.
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Cara Delevingne Weinstein Made a Hotel Room Pass And Made a Woman Join In
Cara Delevingne says she too was a victim of Harvey Weinstein, but unlike other accusers ... she says the movie mogul tried to force another woman on her as well.
Cara says she had a meeting with Weinstein and a director about a role, and when the director left ... Weinstein asked her to stay behind. She claims he bragged about all the actresses he slept with and then invited her to his hotel room. She initially declined, but reluctantly went up when her car service was delayed.
The 25-year-old claims there was another woman in the room when she got there ... and Weinstein asked them to kiss. She says she rejected the woman's advance, and then "swiftly got up and asked him if he knew that I could sing. And I began to sing ... I thought it would make the situation better ... more professional ... like an audition."
In her letter to Huffington Post ... Cara says when she finished singing she bolted for the door, but Weinstein blocked her and tried to kiss her on the lips. Still, she managed to get out.
She doesn't say when or where the meeting went down. It appears the only Weinstein Co. movie Cara's made is "Tulip Fever" which just came out last month.
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Harvey Weinstein Says Brother Bob Responsible for His Demise
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EXCLUSIVE
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12:35 PM PT -- A rep for Harvey tells us, "No matter what derogatory things Bob Weinstein says about his brother, Harvey Weinstein believes his brother is his brother and does not believe his brother would leak his personnel file to the NYT." The rep continues, "Harvey is dealing with his family and is currently in counseling. These are his priorities."
Harvey Weinstein believes his own brother was responsible for his demise, and he has the proof in the form of a receipt ... but Bob Weinstein says Harvey's a "very sick man" who's slinging fake stories to deflect from his own misdeeds.
Sources connected to H.W. tell TMZ, Harvey firmly believes it was his brother Bob who fed The New York Times the information for its sexual harassment story. He believes it was a well-orchestrated plan by Bob to remove Harvey from the company he built.
Weinstein, we're told, firmly believes the entire board knew about his sexual harassment troubles for years. Our sources say 7 months ago Bob received Weinstein's entire personnel file which detailed a number of the claims, and he believes Bob leaked the file to The NY Times.
As for proof the file was sent, we're told Harvey Weinstein's people have a FedEx receipt which shows his brother got the material.
Bob Weinstein came out swinging, telling TMZ, "My brother Harvey is obviously a very sick man. I've urged him to seek immediate professional help because he is in dire need of it. His remorse and apologies to the victims of his abuse are hollow. He said he would go away for help and has yet to do so."
Bob goes on ... "He has proven himself to be a world class liar and now rather than seeking help he is looking to blame others. His assertion is categorically untrue from A to Z. I pray he gets the help that he needs and I believe that it is him behind all of these stories to distract from his own failure to get help."
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Harvey Weinstein Flying to Europe Tonight For Sex Addiction Rehab
Harvey Weinstein is boarding a private jet Tuesday night, bound for a rehab center in Europe for sex addiction ... sources connected with the former mogul tell TMZ.
We're told Harvey has decided to take the advice of the people around him and leave immediately. We're told he will enter a live-in facility and will deal both with sex and other behavioral issues.
Our sources say Weinstein is surprisingly calm, considering the PR nightmare engulfing him. As one source put it, "He has his moments where there are bursts, but for the most part he's pretty calm."
We're told Weinstein still believes he can get help, come back and make a fresh start. As a source close to Weinstein put it, "He wants to come back with fresh, new ideas." As we reported, he and his team are in settlement discussions with The Weinstein Co. and the idea of him serving in some outside capacity is still on the table.
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President Obama I'm Disgusted by Harvey Weinstein
President Obama has added his name to the list of famous people who are disgusted by the stories that have surfaced about Harvey Weinstein.
The former Prez just said, "Michelle and I have been disgusted by the recent reports about Harvey Weinstein. Any man who demeans and degrades women in such a fashion needs to be condemned and held accountable, regardless of wealth or status."
Obama went on ... "We should celebrate the courage of women who have come forward to tell these painful stories. And we all need to build a culture -- including by empowering our girls and teaching our boys decency and respect -- so we can make such behavior less prevalent in the future."
You'll remember, Malia Obama was an intern at Weinstein's company in January.
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Harvey Weinstein Settlement Talks Loom ... Continued Relationship with Co. Possible
Harvey Weinstein is gearing up for settlement talks with the company that fired him, and inside sources say there could still be some form of a relationship between The Weinstein Co. and its namesake.
Sources familiar with the negotiations tell us, both the Board of Directors and Harvey Weinstein himself fully appreciate the numerous unresolved issues after he was 86'd in the wake of the sexual harassment allegations.
As one source put it, "The Board has a problem because The Weinstein Co. IS Harvey Weinstein. Without him, it's nothing." On top of that, there has been no financial settlement between Weinstein and his company ... something we're told is extremely complicated.
Weinstein has lawyered up, and there have already been moves to work out the inevitable settlement. As one source put it, there's a distinct possibility Weinstein could maintain some role -- even if it's on the outside.
Weinstein holds lots of cards in the negotiations ... as we reported, although the Board of Directors claims total surprise, stories about Weinstein and women were well known in Hollywood ... and tolerated by many. A wrongful termination lawsuit looms if they can't strike a settlement, and what comes out during discovery and a trial could seriously damage The Weinstein Co.
The trick for the Company ... is it worse to have a business relationship with Weinstein or risk a lawsuit?
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Rose McGowan Ben Affleck's a Hypocrite!!! He KNEW Weinstein Assaulted Me
Ben Affleck is flat out lying if he wants people to think he didn't know about Harvey Weinstein ... at least according to Rose McGowan who says she told Ben face-to-face.
Shortly after Ben issued his first comments about Weinstein -- with whom he worked closely on several movies, including "Good Will Hunting" -- Rose blasted the actor for making it sound like Weinstein's pattern of sexual harassment was news to him. She claims she told Ben that Weinstein assaulted her, and Ben replied, "Goddamnit! I told him to stop doing that."
She says she even remembers where Ben said it -- while they were at a news conference for a movie they did. Rose adds she was forced to go to the event after Weinstein had assaulted her.
She told Ben ... "You lie."
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Gwyneth Paltrow Claims Weinstein Made Moves on Her And Brad Pitt Confronted Him
Gwyneth Paltrow says Harvey Weinstein got sexually aggressive with her and her then-boyfriend Brad Pitt confronted the movie mogul.
Gwyneth told the New York Times the incident happened in the mid-'90s when she was 22 years old. Weinstein had just cast her in a star-making role in the movie "Emma." She says she had a meeting scheduled with Weinstein at the Peninsula Beverly Hills Hotel.
Paltrow says she was in a hotel suite with Weinstein when he placed his hands on her and suggested they head to the bedroom. Paltrow says she immediately left and said to herself, "I thought you were my Uncle Harvey."
She says she confided in Brad Pitt and he approached Weinstein at a movie premiere and told him never to touch her again.
Paltrow says Weinstein later called her and screamed at her for a long time and she feared she was going to lose the movie role.
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Angelina Jolie Claims Weinstein Put the Moves on Her ... In 1998
Angelina Jolie now claims she too was sexually harassed by Harvey Weinstein ... sources tell TMZ.
Our sources say Jolie claims in 1998, when she was doing a junket for Weinstein's movie, "Playing by Heart," she was in a hotel room and he made "an unwanted advance" toward her. She says she was taken aback and declined the advance and he backed off.
The movie was made while Weinstein was running Miramax.
We're told Jolie says she never complained about Weinstein's alleged move ... until now. But she told the New York Times, "I had a bad experience with Harvey Weinstein in my youth, and as a result, chose never to work with him again and warned others when they did."
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Ben Affleck Harvey Weinstein's Actions 'Completely Unacceptable'
Ben Affleck is condemning Harvey Weinstein -- who helped make him an Oscar winner -- calling his actions "completely unacceptable."
Affleck says reading the allegations against Weinstein made him sick, especially because they'd worked together so closely on "Good Will Hunting" -- the 1997 Miramax release that earned Ben his first Oscar.
Rose McGowan seemed to be calling out Ben and his brother Casey on Monday with a vague tweet ... suggesting they've known about Weinstein's behavior, but had remained silent.
Ben Affleck Casey Affleck, how’s your morning boys?
@rosemcgowan
Affleck added in his statement, "We must support those who come forward" and condemn behavior like Weinstein's. He also said having "more women in positions of power" would help.
Speaking of women in power ... Hillary Clinton finally sounded off on Weinstein, who's famously made sizeable donations to her political campaigns.
Hillary said, "I was shocked and appalled by the revelations. The behavior described by women coming forward cannot be tolerated. Their courage and the support of others is critical in helping to stop this kind of behavior."