Harvey Weinstein may have been illegally fired from his company according to his contract, which says it did not matter if he was sued for sexual harassment so long as he took care of any payouts.
Weinstein's 2015 employment contract, which was obtained by TMZ, said that so long as the 65-year-old paid whatever the company owed along with a fine, it did not matter how many times he was accused of sexual harassment or misconduct.
Additionally, according to internal documents obtained by the New York Times, the company knew about the harassment allegations for at least two years prior to the story breaking last week.
According to Harvey Weinstein's most recent TWC contract, it did not matter if he was sued for sexual harassment or how many times he was sued so long as he took care of any payouts. His lawyer when he signed the contract, David Boies, said the company was aware of multiple payouts when the contract was signed
Harvey and Bob Weinstein, co-founders of the Weinstein Company, hadn't spoken to each other in 18 months before the sex harassment allegations emerged
Harvey's brother and fellow co-founder Bob Weinstein, as well as the company's president, David Glasser, had told concerned staff as recently as Tuesday that they were shocked and unaware of the confidential settlements made with various women.
However, according to a clause in his 2015 contract, if the movie mogul was charged with sexual harassment he was in charge of all legal payouts and had to pay an additional fine to the company.
'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 reads.
According to the document, as long as Weinstein pays it constitutes a 'cure' for any misconduct and no further action can or will be taken.
In more simple terms, that means that no matter how many times he is sued - as long as he is willing to pay he won't be fired.
If Weinstein were to ever be indicted for a crime the contract contains language that would allow the Board of Directors to fire him.
He can also be fired for 'the perpetuation by you [Weinstein] of a material fraud against the company.'
The board member who negotiated the contract, Lance Maerov, told TMZ that the Board knew Weinstein settled prior lawsuits by various women, but 'assumed' it was to cover consensual affairs.
David Boies, who worked at Weinstein's lawyer when the contract was settled, said the board was told of three or four of the confidential settlements, but the board member Lance Maerov, who negotiated his 2015 contract, told TMZ that the Board knew Weinstein settled prior lawsuits by various women, but 'assumed' it was to cover consensual affairs
Weinstein, pictured arriving at his home in New York's West Village last week, acused his brother Bob of leaking the allegations to take full control of their film company
Tensions between Harvey and his business partner brother Bob (above together in 1989) had been mounting for some time prior to the sex harassment scandal breaking
That assumption would not constitute 'material fraud' on Weinstein's part, and so would not activate that clause.
Sources close to TMZ say Weinstein has yet to be given a specific reason for being fired.
Additionally, his contract says that before he can be fired he has the right to mediation or arbitration - neither of which he received.
A spokesperson for The Weinstein Company told TMZ that the company had a right to fire Harvey because he did not notify the Board of Directors of settlements.
David Boies, who worked at Weinstein's lawyer when the contract was settled, said the board was told of three or four of the confidential settlements.
Weinstein's contract renewal negotiations came around the same time Italian model Ambra Battilana went to the NYPD with accusations that Harvey had groped her. She, along with help from officers, had taped Weinstein confessing but the District Attorney never pressed charges.
Tensions between Harvey and his business partner brother Bob had been mounting for some time prior to the sex harassment scandal breaking. A long-simmering antipathy between the brothers supposedly worsened after the death of their mother, Miriam, a year ago.
The pair hadn't spoken in 18 months, according to MarketWatch and Harvey has since come out accusing Bob of leaking the allegations in a successful attempt to take full control of their film company.
More than 30 women have now come forward with allegations of sexual harassment against the Hollywood producer who was once described as the 'God' of the film industry.
The accusations, including from some of the world's most famous actresses, range from inappropriate massages to rape and date back nearly three decades.
The list of women claiming to be victims of Weinstein has grown rapidly since the New York Times published a story last week alleging decades of harassment.
Gwyneth Paltrow and Angelina Jolie are among the most high profile to admit they turned down advances from Weinstein when they were young actresses.
The Weinstein Company voted to fire Harvey on Sunday - three days after the damning Times report was published. The brothers had been co-chairmen of the board, but after Sunday Bob was installed as full chairman.
Weinstein was spotted boarding a private jet in California late Wednesday to fly to an exclusive rehab clinic in Arizona where he said he was going to undergo treatment.
From A-list stars to budding actresses: The women who accuse Harvey Weinstein of rape and sexual harassment during his two decade reign of terror in Hollywood
Many were young, powerless and afraid to speak out in case their careers were ruined.
For nearly three decades their accusations remained bottled up, some suppressed by pay-offs.
More than 30 women have now come forward with allegations of sexual harassment against Hollywood producer Harvey Weinstein, the man once described as 'God' of the film industry.
The accusations, including from some of the world's most famous actresses, range from inappropriate massages to rape.
Here is a list of those who have come forward so far.
Kate Beckinsale In an Instagram post the Underworld star said Weinstein made a move on her when she was just 17.
'When I arrived reception told me to go to his room. He opened the door in his bathrobe. I was incredibly naive and young and it did not cross my mind that this older, unattractive man would expect me to have any sexual interest in him. After declining alcohol and announcing that I had school in the morning I left, uneasy but unscathed. A few years later he asked me if he had tried anything with me in that first meeting.I realized he couldn't remember if he had assaulted me or not.'
Teen assault: Kate Beckinsale says Weinstein tried to ply her with alcohol and met her in his bathrobe when she was just 17
The star said that when she was 22, Weinstein touched her and suggested having joint massages in a hotel bedroom before she started shooting the 1996 Jane Austen adaptation Emma. She told the New York Times: 'I was a kid, I was signed up, I was petrified'.
Paltrow (pictured with Weinstein in 2002) told the New York Times that when she was 22 Weinstein touched her and suggested having joint massages in the bedroom
She said she told her then boyfriend Brad Pitt about the incident and he confronted the mogul. She said Weinstein then told her not to tell anyone and she feared getting fired.
Gwyneth Paltrow, 45, is an American actress, singer, and food writer who made her name starring in Seven (1995) and Emma (1996).
The actress told the New York Times she had to turn down advances from Weinstein in 1998 and chose never to work with him again. She said she warned other women about him.
She said: 'I had a bad experience with Harvey Weinstein in my youth, and as a result, chose never to work with him again and warn others when they did.'
Angelina Jolie, 42, is cited as Hollywood's highest-paid actress. She made her screen debut as a child alongside her father, Jon Voight, in Lookin' to Get Out (1982).
Jolie (pictured speaking ahead of a screening of her new film In the Land of Blood and Honey) told the New York Times she had to turn down advances from Weinstein in 1998
The model wrote on her Instagram page about a meeting with Weinstein in which he 'asked her to kiss another woman.'
She wrote: 'As soon as we were alone he began to brag about all the actresses he had slept with and how he had made their careers and spoke about other inappropriate things of a sexual nature. He then invited me to his room. I quickly declined and asked his assistant if my car was outside. She said it wasn't and wouldn't be for a bit and I should go to his room.
Delevigne wrote on her Instagram page about a meeting with Weinstein in which he 'asked her to kiss another woman.'
'At that moment I felt very powerless and scared but didn't want to act that way hoping that I was wrong about the situation. When I arrived I was relieved to find another woman in his room and thought immediately I was safe. He asked us to kiss and she began some sort of advances upon his direction. I 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....i was so nervous. After singing I said again that I had to leave.He walked me to the door and stood in front of it and tried to kiss me on the lips. I stopped him and managed to get out of the room'.
Cara Delevigne, 25, is an English fashion model and actress. She signed with Storm Model Management after leaving school in 2009.
The French actress accused the mogul of jumping on her and trying to kiss her.
She wrote in The Guardian: 'We were talking on the sofa when he suddenly jumped on me and tried to kiss me. I had to defend myself. He’s big and fat, so I had to be forceful to resist him. He tried more than once. This was never going to be about work. He had other intentions – I could see that very clearly. All throughout the evening, he flirted and stared at me as if I was a piece of meat.
The French actress (pictured in Spectre) accused the mogul of jumping on her and trying to kiss her
'It was hard to say no because he’s so powerful. I’m an actress and he’s a producer. We are in the same industry, so its impossible to avoid him. I’ve seen how he operates: the way he looks for an opening. The way he tests women to see what he can get away with. That’s the most disgusting thing. Everyone knew what Harvey was up to and no one did anything. It's unbelievable that he’s been able to act like this for decades and still keep his career.'
Lea Seydoux, 35, starred in Bond film Spectre and was nominated for the César Award for Best Actress for her role as a lady-in-waiting to Marie Antoinette in the film Farewell, My Queen (2012).
The Italian actress has accused Weinstein of forcibly performing oral sex on her when she was 21.
Asia Argento (left with Weinstein during 2004 Cannes Film Festival) accused Weinstein of forcibly performing oral sex on her when she was 21
She told the New Yorker: 'He terrified me, and he was big. It wouldn't stop. It was a nightmare.' She said she went on to have consensual sex with him over the years that followed. She documented the alleged attack in her 2000 film Scarlet Diva.
Asia Argento is an Italian actress, singer, model, and director, best known for the role of Yelena in the action film xXx (2002).
Model Zoë Brock was 23 when she allegedly had to lock herself in a hotel bathroom to escape Weinstein's advances.
She wrote on Medium: 'Harvey left the room, but not for long. He re-emerged naked a couple of minutes later and asked if I would give him a massage. Panicking, in shock, I remember weighing up the options and wondering how much I needed to placate him to keep myself safe.
Model Zoë Brock was 23 when she allegedly had to lock herself in a hotel bathroom to escape Weinstein's advances
'I told him I was uncomfortable and that I was angry that I had been tricked into this position. He pleaded with me to let him massage me and I let him put his hands on my shoulders while my mind raced. Harvey chased me, d**k, b**ls and all, and banged on the door with his fists, pleading with me to come out.'
Zoe Brock is a model and actress who was born in Christchurch, New Zealand, and raised in Australia.
'Ducked and dived': Claire Forlani said she refused Weinstein on multiple occasions
The Meet Joe Black actress appeared in the 2000 Miramax film Boys and Girls. She says she escaped Harvey's advances five times.
'I had two Peninsula Hotel meetings in the evening with Harvey and all I remember was I ducked, dived and ultimately got out of there without getting slobbered over, well just a bit.
'Yes, massage was suggested. The three dinners with Harvey I don't really remember the time period, I was 25.
'I remember him telling me all the actresses who had slept with him and what he had done for them.'
I wasn't drinking the cool aid [sic], I knew Harvey was a master manipulator.
'He also announced to me at the last dinner I had with him at Dominic's that his pilot knew to be on standby because he could never get me to sleep with him, to which I did what I always did, make light of the situation, a joke here or there and moved on.'
'I'd had a fair amount of experience. Sometimes I got angry, really angry. I wondered why I had Prey stamped on my forehead but this I kept to myself.'
The actress said she was called to a late night meeting with Weinstein in 2008. He allegedly emerged in a bathrobe and told her he would green light her script if she watched him masterbate. She left the meeting.
Geiss made her accusations in a press conference with high-profile attorney Gloria Allred on October 10.
The star was born in Miami, Florida. She is an actress and producer, best known for Wishmaster 3: Beyond the Gates of Hell (2001).
Geiss was called to a late night meeting with Weinstein in 2008. He allegedly emerged in a bathrobe
The French actress says Weinstein tried to massage her and pull off her sweater after asking her up to his Cannes suite to see the view in 1996, the NYT reported.
Judith Godrèche, 45, is a French actress and author. She has appeared in more than 30 films and will soon star in an HBO comedy about a French woman moving to Los Angeles.
Judith Godreche (pictured at the premiere of Nasty Baby in 2015) says Weinstein tried to massage her and pull off her sweater after asking her up to his Cannes suite to see the view in 1996
The actress says she was called to a meeting about future film projects in 2003 aged 24. When she arrived she says Weinstein presented her with three scripts for his next three movies which he would let her star in, only if she had three-way sex with him. She fled the hotel, she told the NYT.
Dunning is a former actress turned costume designer best known for her role in Alias: The Roughest Cut (2006).
The aspiring actress was 24 when she met Weinstein while serving tables as a college junior in 1984. She says he told her to meet him at his home. When she arrived, she says, he was naked in the bath and told her she would give a better audition if she was nude. She says she refused and left, reports the NYT.
Tomi-Ann Roberts was 24 when she met Weinstein while serving tables
The Swingers actress was told Weinstein had to stop off in his apartment to pick something up after a screening in 1993.
He changed into a bathrobe and told her to massage her, she said. When she resisted she said the mogul returned naked and chased her, reports the NYT.
Kendall, 48, is an American actress from Tennessee. She made her name in Doug Liman's Swingers (1996).
Kendall, 48, was told Weinstein had to stop off in his apartment to pick something up after a screening in 1993
The actress, formerly known as Lucia Stoller claims Weinstein forced her to perform oral sex on him in 2004. Speaking to the New Yorker, she said that she suffered years of trauma after the incident which occurred in a 'casting meeting' in a Miramax office in Manhattan. He reportedly called her late at night after the incident.
The Mighty Aphrodite actress told the New Yorker that Weinstein tried to massage her in a hotel room at the 1995 Toronto International Film Festival.
He then went to her home in the middle of the night but she called a male friend to protect her, she claimed. She said turning down the mogul adversely affected her career.
Sorovino, 50, is an American actress who came to prominence after winning the Academy Award and Golden Globe for Best Supporting Actress for her performance as a hooker with a heart of gold in Woody Allen's Mighty Aphrodite (1995).
Mira Sorvino (pictured starring in Intruders in 2014) said Weinstein tried to massage her in a hotel room
The actress also said her career suffered after she rebuffed Weinstein's advances in the early 1990s. At a hotel meeting he tried to put her hand on his erect penis, she claims in the New Yorker.
Rosanna Arquette, 58, is an American actress, film director, and producer. She was nominated for an Emmy Award for her performance in the 1982 TV film The Executioner's Song.
The actress, who made her breakthrough in 1996 in the Weinstein-produced slasher revival movie Scream, reportedly sued Weinstein after he assaulted her in 1997 at the Sundance Film Festival.
She signed a non-disclosure agreement at the close of the suit and has only referred to him obliquely in social media since. On Sunday she referred to being abused by a 'monster' and has previously referred to being raped by a studio head.
Producer Harvey Weinstein (left) and actress Rose McGowan arrive to the premiere of "Grindhouse" at the Orpheum Theatre on March 26, 2007 in Los Angeles
Judd says that during filming for 1997 thriller Kiss the Girls Weinstein repeatedly asked her to watch him shower.
She was one of the women who spoke out to The New York Times this week, saying: 'Women have been talking about Harvey amongst ourselves for a long time, and it's simply beyond time to have the conversation publicly.'
Judd says that during filming for 1997 thriller Kiss the Girls Weinstein repeatedly asked her to watch him shower
Emma De Caunes
French actress Emma de Caunes said that she met Weinstein in 2010. Soon after he told her he had a script he was producing based on a book with a strong female character. Weinstein offered to show her the script, and asked her up to his room at the Ritz in Paris, where he began to take a shower.
He then emerged naked and with an erection, asking her to lay down with him on the bed and telling her that many had done so before, she told the New Yorker. 'I was very petrified,' said de Caunes. 'But I didn’t want to show him that I was petrified, because I could feel that the more I was freaking out, the more he was excited.'
French actress Emma de Caunes said that she met Weinstein in 2010 and he invited her to his room
The British actress was 22 when she was invited up to his room at The Savoy after being cast in The Advocate alongside Colin Firth. Weinstein tried to massage her and started pulling at her trousers before he started masturbating.
Harvey Weinstein is accused of accosting Sophie Dix in a hotel room
'As soon as I was in there, I realized it was a terrible mistake. I got to the hotel room, I remember talk of a massage and I thought that was pretty gross. I think he showed me his big back and I found that pretty horrid.
'Then before I knew it, he started trying to pull my clothes off and pin me down and I just kept saying, ‘No, no, no.’ But he was really forceful. I remember him pulling at my trousers and stuff and looming over me and I just sort of – I am a big, strong girl and I bolted … ran for the bathroom and locked the door.'
'I was in there for a while, I think. He went very quiet. After a while I remember opening the door and seeing him just there facing the door, masturbating, so I quickly closed the door again and locked it. Then when I heard room service come to the door, I just ran.'
She said the incident left her bed bound with depression for six months and she decided to end her movie career.
'I decided if this what being an actress is like, I don’t want it.'
The former creative executive at The Weinstein Company, told executives there in the fall of 2015 that there was 'a toxic environment for women at this company' after one of her colleagues told her that Weinstein had pressured her into massaging him while he was naked, the NYT reported.
A former creative executive at The Weinstein Company told executives there in the fall of 2015 that there was 'a toxic environment for women at this company'
The Italian actress and model, 24, told the NYT that in March 2015 Weinstein invited her to his New York office. There, she said, he asked if her breasts were real before grabbing them and putting his hands up her skirt. She reported the alleged incident to police, but they did not press charges. According to the NYT, Weinstein later paid her off.
Italian actress and model Ambra Battilana, 24, alleges that Weinstein grabbed her breasts and put his hand up her skirt
Weinstein reportedly pressured Jessica Barth (pictured) to give him a naked massage
Weinstein reportedly pressured the actress to give him a naked massage in the Peninsula Hotel in 2011.
Jessica Barth, 39, is an American stage and film actress, known for portraying Tami-Lynn McCaferty in the film Ted and its sequel.
A former production assistant and the Weinstein company, she told the NYT that Weinstein had asked her to give him massages from 1991 onwards, while they were both in London and Dublin. 'It was so manipulative,' she told the NYT. 'You constantly question yourself - am I the one who is the problem?' Weinstein denied knowledge.
Nestor was a temporary employee of the Weinstein Company for just one day in 2014 when Weinstein approached her and offered to boost her career in exchange for sex, the NYT reported.
Perkins was an assistant of Weinstein's based in London. Aged 25 in 1998, she reportedly confronted Weinstein after she and 'several' others were harassed and later settled out of court.
She said she was subjected to inappropriate requests or comments in hotel rooms.
Zelda Perkins reportedly confronted Weinstein after she and 'several' others were harassed and later settled out of court
Produced Karlsen told The Hollywood Reporter on Sunday that almost 30 years ago an unnamed young female executive who had worked at Miramax with Weinstein had found him naked in her bedroom one night. The exec was in a house rented by Miramax at the time to cut its overheads.
Karlsen, 57, is the Oscar-nominated British producer of Carol and The Crying Game.
A freelance script reader, she told the UK's Sunday Times that Weinstein had summoned her to his hotel room in London before telling her to get in the bath with him.
Campbell, 58, is an artist, calligrapher, columnist and writer, born in the north of Scotland and currently living in London, England.
Campbell, 58, (pictured in 2004) said that Weinstein had summoned her to his hotel room in London
The former Fox news host said that Weinstein trapped her in a closed restaurant and masturbated in front of her to completion in 2007.
He allegedly took her to a closed restaurant beneath a club she had visited and attempted to kiss her, then when she refused he cornered her and made her watch him touch himself, according to The Huffington Post.
Sivan is now a TV reporter in Los Angeles and was a local journalist in New York 10 years ago when her encounter with Weinstein allegedly occurred.
Former Fox news host Lauren Sivan said that Weinstein trapped her in a closed restaurant and masturbated in front of her to completion in 2007
Hynes said she was invited to audition for Weinstein when she was 19 - in a bikini. She said she refused to wear the skimpy item - and lost the job.
British actress Hynes, 44, formally known as Jessica Stevenson, is best known for her roles in the Bridget Jones movies and for co-creating and co-writing the sitcom Spaced.
Jessica Hynes said she was invited to audition for Weinstein when she was 19 - in a bikini. She said she refused to wear the skimpy item - and lost the job
British actress Romola Garai said she felt 'violated' following a meeting with Harvey Weinstein in his London hotel room when she was 18 in which he was in a bathrobe.
Garai, best known for her role in Atonement, said she had already been hired for a part but was told to audition privately with the Hollywood mogul because 'you had to be personally approved by him'.
'Like every other woman in the industry, I've had an 'audition' with Harvey Weinstein,' she told The Guardian. 'So I had to go to his hotel room in the Savoy and he answered the door in his bathrobe. I was only 18. I felt violated by it'.
Garai, 35, is an English actress, writer, and director. She is known for appearing in the films Amazing Grace, Atonement, and Glorious 39.
British actress Romola Garai said she felt 'violated' following a meeting with Harvey Weinstein in his London hotel room when she was 18
French actress Florence Darel has claimed that she was harassed by the producer in 1993.
Darel, 49, who first came to notice in Eric Rohmer's 'A Tale of Springtime' in 1990, told French media that Weinstein had promised to help make her big in America if she became his 'part-time' mistress.
She said she first had to beat off his advances after Weinstein's company Miramax bought the 1993 fashion industry comedy 'A la mode' in which she appeared.
The following year, pushed by her agent, she agreed to meet Weinstein in a Paris hotel, where he he asked her to be his mistress 'a few days a year'.
Actress Florence Darel, 49, revealed on Thursday to French media that movie mogul Harvey Weinstein had promised to help make her big in America if she became his 'part-time' mistress
Weinstein allegedly behaved inappropriately toward a woman employed as his assistant in 1990. The case was settled out of court.
Another unnamed assistant
In 2015, Weinstein reportedly pressured another assistant into giving him a naked massage in the Peninsula Hotel, where he is also said to have pressured Barth.
Unnamed Miramax employee
At one point in the early 1990s, a young woman is alleged to have suddenly left the company after an encounter with Weinstein. She also settled out of court.
A woman who did not wish to be named because she feared Weinstein's connections told The New York Times that the producer had summoned her to his hotel at an unknown date and raped her.