After unsuccessfully requesting key documents from The Weinstein Company for the purpose of defending himself against current lawsuits, Harvey Weinstein is now suing his former company.
The lawsuit was filed on October 26 in Delaware, detailing that "Mr. Weinstein believes his email account — which is the primary, if not only, account he used during the term of his employment by the Company — will contain information exonerating him, and therefore the Company, from claims that may be asserted against him or the Company," his lawyer writes.
After being abruptly fired from The Weinstein Company on October 8, Weinstein was cut off from accessing his corporate email. The producer is now accused by more than 50 women of sexual harassment and assault, and apparently believes that his corporate email – along with other documents such as his personnel file – contain crucial information that will exonerate him.
Days after firing Harvey Weinstein, The Weinstein Company launched an internal investigation and demanded that the producer hand over his computers, mobile phones, credit card and bank statements, hard drives removed from his office, as well as all documents concerning any settlements. In addition, The Weinstein Company asked him to personally waive any confidential or non-disclosure agreements to allow for individuals to speak openly about their experiences.
Not limiting their search to Harvey Weinstein alone, The Weinstein Company is also trying to obtain access to any computers or mobile phones used by Weinstein's assistants.
Weinstein's attorneys demanded access to all Weinstein Company records on October 18. This request included all emails sent to and from Harvey Weinstein's company email, his employment agreement from October 20, 2015 (including any amendments), and his complete personnel and employment file. In light of the internal investigation, an open discrimination investigation by the New York Attorney General, and a $5 million civil suit from one of the women he allegedly assaulted, Weinstein and his attorneys argue that the documents are necessary for him to defend himself.
On October 20, company's board denied Harvey Weinstein's request for access, claiming that he did not establish that the need for the documents was "essential and sufficient" for that purpose. Weinstein claims that as a principal of the company and a stockholder, he is allowed access to such information.
Now, Weinstein has filed a lawsuit demanding the files to "assist in his defense of civil and criminal allegations arising out of or in connection with his employment at TWC [The Weinstein Company] and potentially to aid in investigating claims arising out of the wrongful termination of his employment."
Additionally, Weinstein is seeking to prove and pursue a claim that the company mismanaged his personnel file which lead to it being leaked to the press.
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