The lawsuit, filed by George Hayes, a 30-year veteran of McCann's media buying-and-planning operations, puts into relief what could turn out to be a major issue as large agencies refit themselves for a digital world, a process that often requires stripping out layers of longtime employees in the search of an often younger breed of strategists and creatives who understand an increasingly complicated media environment.
Arrival of Nick Brien
In papers filed in New York State Supreme Court earlier this month, Mr. Hayes, 54, alleges that, since arriving last fall, Universal McCann's new worldwide CEO, Nick Brien, has "value[d] youth instead of experience and desired younger persons in place of older persons and acted upon his discriminatory preference by terminating older persons, because of their age."
Led by Mr. Brien, Universal McCann has been in the throes of a high-profile turnaround initiative following a couple years of client losses, including General Motors Corp. and Coca-Cola Co. Mr. Brien has named top executives in the U.S. and Europe and is working to improve the agency's communication planning offering in an effort to offer clients better strategic guidance on how they should spend their marketing dollars.
Mr. Hayes claims that that effort is at the root of his dismissal. The lawsuit states: "The ultimate goal of McCann-Erickson was to replace its older workers with younger employees, based not on performance, but on McCann-Erickson's discriminatory desire to create a more youthful image, which McCann-Erickson felt it could achieve by ridding itself of it older employees and replacing themselves with younger employees."
'Young people get it'
The lawsuit outlines a few meetings that, Mr. Hayes contends, demonstrate that preference. In one address to staffers at UM's New York office, it is alleged that "Mr. Brien stated that the young people in the group 'got it' when it came to 'new media' of the digital age, that 'things will be different around here.'"
It also describes a Nov. 18, 2005, meeting involving senior executives from the agency to which Mr. Hayes and "certain key executives of age" were not invited. The lawsuit does not specify which other executives were left out.
Mr. Hayes, an exec VP, learned he was being dismissed on Dec. 13, 2005, with the reason being "that Hayes did not have 'the skill set' needed to remain employed by McCann-Erickson," the lawsuit says.
Ad Age 'Media Maven'
Mr. Hayes, one of Advertising Age's Media Mavens in 2001, joined McCann in 1975, following a short stint at J. Walter Thompson. In 1996, he helped McCann launch Local Communications to handle spot-buying for its massive General Motors client. Interpublic and Universal McCann lost GM's media-buying business to Publicis Groupe's GM Planworks unit last year, following a review.
Spokespeople for McCann Worldgroup, which houses McCann Erickson and Universal McCann, and Interpublic couldn't immediately be reached for comment.