UPDATES WME Cuts Off Fired Agents Who Found Jobs
EXCLUSIVE: This is a case of “Don’t get mad, get even” Hollywood-style. Last month I had the exclusive news that WME sent bad news letters to certain laid-off William Morris agents who found work at CAA, UTA, ICM and Paradigm.
The point of the missives was to cut off these agents from receiving whole or part of their William Morris salaries because they’d signed contracts calling for mitigation. (This meant that if the tenpercenters had time left on their deals and could find work as agents elsewhere, then WME would be on the hook for paying them the salary difference between their new jobs and their old ones.) WME claimed those letters went out to “only” those agents playing fast and loose with the mitigation terms. (For instance, if an agent making $250K at Morris went to work at a rival agency for a new salary of $25K, WME had to pay $225K for the life of the Morris contract. That’s not how mitigation is supposed to work.) But rival agencies suspected that WME was using economic duress to cut deals only worth $.70 on the dollar with those agents lucky enough to find jobs in this tough market.
Understandably, the agents receiving these WME letters first began freaking out. Then four of them fought back. Their attorney, Century City pitbull litigator Bryan Freedman of Freedman and Taitelman, filed and immediate demand for arbitration. This time, it was former Endeavor, and now WME, business affairs exec Tom McGuire’s turn to freak out. I hear he called Freedman to express shock and complain that the attorney was asking for arbitration so quickly without trying to negotiate first. To which Freedman reportedly responded, “Your WME letters didn’t say, ‘Hey, give me a call.” They said, “We’re not paying you starting immediately.’”
In fact, WME didn’t stop paying the agents. And the agency now has backed off its threat and will continue to compensate the agents according to the contracts. (Unless WME can prove later the tenpercenters were gaming the mitigation system. An investigation will continue). Oh, and did I mention that Freedman’s hiring was approved by WME’s competitors, UTA and ICM? ”WME acted like bullies — and they got bullied right back,” one rival agent gloated to me. ”Ari made a big thuggy threat. But he had to cave when he realized the downside was too great. Now everybody’s getting paid fully.”
Game, set, match.
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Dog eat dog. Michael Vick would be proud.
Sounds like UTA and ICM saw an opportunity to put the screws to WME, and went for it. Which raises two points:
1. WME’s clumsy tactics have put itself in a position where it will be hard to make a case against those who might really be gaming the mitigation system. And they have only themselves to blame for that.
2. The fact that they fought back so aggressively and successfully shows that people aren’t afraid of them anymore. That’s a very big sign.
Ari wimped out. He needs more of a pitbull than Tom Maguire. Should have fired back. The out of work agents dont have the resources to drag it out. Ari must have gotten his legal bills from the merger and was sick of lawyers.
Lame.
I smiled, part of me loves it when big companies get bitch slapped, even by other big companies. There’s something cathartic about it.
Good for them for fighting back – the guys at WME have made some really stupid decisions over the past few months – letting go of real breadwinners and stars at william morris and keeping people that bring in a fractional amount of income just because they have a former endeavor card in their wallets. Sad, sad, sad….
Any way you cut it, it’s sad all the way around. This goes beyond the four walls on an office and it directly effects families, children. That’s the real tragedy in all this.
Who are we supposed to feel sorry for here?
it’s Hollywood. everyone is a dick. big surprise
Ari ran a multi-million debt at Endeavor – for all his street cred, he has no sense of business or lawsuits – that William Morris cash-surplus is about to be wasted
Second – the folks at William Morris, pre-Ari, were pretty darn stupid – they were WAITING to get mugged – if anything, the folks at CAA and UTA are kicking themselves for not looting William Morris the way Ari did
Had CAA merged with them, they could’ve fired everyone (like Ari did) and stolen that $40 million cash surplus (like Ari did) but not screw everything up
lol – Hollywood is a funny place
Sad. WME have to subsidize the competition. Some people will see, that some people will never forget.
Why are these agents on salary? Shouldn’t they get a percentage of what they bring into the agency?
Who dropped the ball on this? And what about the other agents reported to be next on the chopping block?
I hope ICM, UTA, Paradigm and WME are picking up the agents’ legal tab on this. I heard it was quite a retainer. It was a really scummy move on WME’s part to attempt to bully employees it didn’t want into taking less than they were owed under their remaining contracts. WME quickly backed off because their threatening letters opened them up to some serious potential liability.
There is no such thing as “gaming” mitigation. The fact is that those let go had no legal obligation to take another job or to turn down a job offer. With so many agents thrust into the marketplace at the same time, the other agencies, (who also have no obligation to WME), saw an opportunity to exploit the situation. They bought up those agents as “distressed assets” for a fraction of their previous salary. With their client lists up for grabs, the agents didn’t have much choice, but to accept these deals as quickly as they could.
(IMHO, it was also bad form for the other agencies to take such advantage of people in a bad situation. My guess is that decision will come back to bite them in a few years when contracts come up for renegotiation.)
Way to go Freedman. He is a top notch and a good man.
Next time the WME kids want to get tough, they should check with their lawyers first.
What does “But rival agencies suspected that WME was using economic duress to cut deals only worth $.70 on the dollar with those agents lucky enough to find jobs in this tough market” mean?
What does that have to do with to do with WME’s mitigation strategy? Is the implication that WME is creating the mitigation crisis in order to push the ex-agents to settle?
God, men suck at business. Bunch of whining 2-year-olds who screw over and then whine when screwed over. Always looking to put one over, or have their little testosterone victories. So much wasted time and energy that always ends in chaos and waste
Question – the answer is yes.
Normally, when people leave under contract, they go on to take a new job paying the equivalent of what they were making before. Usually, before the employee makes a deal for the new job, he or she will settle out the time remaining on the old deal for $.50 – $.75 on the dollar in a lump sum – a nice windfall to the employee (and consolation prize for being let go), and a cost of doing business to the employer.
Since the other agencies exploited the situation and forced the fired agents to accept new deals well below their present salaries, their was no incentive for the agents to negotiate lump sum settlements of their old contracts, and WME found itself in the position of paying former employees to work for its competitors. (In some cases, people had several years left on their old contracts!)
I assume that Ari & co. found this hard to swallow, and by threatening to stop paying, hoped that these agents (who can’t support their families on their new reduced salaries) would be willing to settle for less than what they are owed.
Goof for them for standing up to the bullies!
Agents are paid a salary (some even have families to support), but are credited for the deals they bring into the agency (at least some places). Most need to make anywhere from 2 to 3.5 times their salary to start getting a taste of the money they bring into the agency (anywhere from 25%-??? of their overage).
If most agents worked on straight commission, minus their overhead, you’d have some starving families working at agencies because of the inconsistencies of sales.
I don’t know of any agents who work on straight commission.
Love it. Freedman is the best. Hope he sticks it to them good!
Ari just mugged my grandmother and stole her new set of false teeth.
freedman rocks. “your letters didn’t say hey give me a call” lol – we all know this happened too.
Great for letting them blink first for once!