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aggressive. Petitioner’s persona was eccentric, physically
demonstrative, and intense.
During his employment at UTA, petitioner grew dissatisfied
with some of UTA’s practices. He felt the television department
employees were undercompensated, compensation was not based on
merit, money was being wasted, and UTA was not run efficiently.
Petitioner believed that personal expenses of the partners were
inappropriately being claimed as business expenses (such as
country club memberships), that improper personal loans were
being made to the partners, and that there were problems with
drug use.
Petitioner repeatedly disagreed with and challenged the
partners and management committee of UTA with respect to the way
they ran the agency and regarding compensation. On at least two
occasions, petitioner proposed that he either withdraw or be
removed as a partner.
Events Leading Up To Petitioner’s Termination
In March 1996, when he had 2 years left on his employment
contract, petitioner met with UTA’s principals to discuss
problems petitioner had with how UTA conducted its business. In
March 1996, the principals of UTA were Mr. Bauer, Mr. Berkus, Mr.
Benedek, Gary Cosay, J.J. Harris, David Schiff, Nick Stevens,
Jeremy Zimmer, and petitioner.7 At that time, UTA’s board of
7 Petitioner was not a partner when LAA and BBA merged.
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