I have a potential problem...suggestions needed!

[munkustrap178]

Posted: 10/12/05 at 1:42am

Hey guys. I received some potentially terrible news tonight regarding my current job. Here's the story - I'm looking for suggestions as to what I can do - and what you think I SHOULD do.

While working on a show a few weeks ago, I was introduced to an orchestra contractor. After learning that I was a music director/accompanist, he told me that he was seeking an additional keyboard/synth. player for a production of ANNIE out in New Jersey. I told him that I would think about it. It turned out that it pays very well, and they're willing to pay for all transportation to and from NYC. So, I agreed to do it.

I went to my first rehearsal (their second to last dress rehearsal) tonight, so tonight was my first time sitting in and really getting a feel for what I'd be doing for the next 3 weekends of my life.

I get a call from the musical director about an hour after I got home from the rehearsal telling me that the director would rather not have me play keyboard 2, because the new instrument is "throwing off the cast." Not true, because I'm playing parts that the musical director has been playing on the piano all along. Basically, he convinced the director that I am essential.

Here's the BIG problem. After speaking to the producers, the M.D. was informed that they didn't know they would have 4 band members, they only agreed to pay 3 - me being the fourth. So basically what he told me in a voicemail was that he doesn't know if they have the money to pay me, but if not, he'll make sure I get the money for the two rehearsals, plus my travels so far.

This is MY problem with that. I turned down several other offers, including a free trip to musically direct a concert in Guatemala for two weeks. After learning that I would me making X amount of money doing ANNIE, I planned my finances for the next month(s) accordingly. Now that it is a serious possibility that I will NOT be getting this money, not only does it infuriate me about how this production is evidently being run, but it scares me, because I need this show for financial reasons. I know that they are until absolutely no contract to keep to, but it just seems completely wrong and unprofessional of them to do this to someone. Whether it was the orchestra contractor's fault for not negotiating, the musical director's fault for not being clear, or the producers' fault for being shady, I am completely infuriated about this entire ordeal.

What happens if I go in tomorrow and am told that they can't pay me? Naturally, my guy instinct is to explain my situation to them and to tell them how unfair this is. I'm sure they'll understand that, but they're also under no legal obligation to pay me for the said work.

Suggestions? I'm confused and pissed as hell.

Thanks in advance, guys.

[smartpenguin78]

Posted: 10/12/05 at 1:48am

I assume you have nothing in writing at all, do you have any type of evidence of the verbal agreement, like another person who heard the deal?
I would bring all the details up with the person who offered you the deal and whoever is in charge of finances for the show, clear the lines of communication and try to get them to honor the agreement.

[SueleenGay]

Posted: 10/12/05 at 1:49am

They may be sympathetic to your situation, but if they don't have the money you will not get it. I think the answer lies in your post with the words "NO CONTRACT" and "UNPROFESSIONAL." Chalk this one up to a life lesson. Learn from it and move on. It sucks, I know, but what can you do?

[munkustrap178]

Posted: 10/12/05 at 1:52am

Well, they took a lot of liberties with this production. Not only is the acting wretched, but they added lines, cut chunks out of songs, and added the character of Pun-Jab.

Now, I could nicely remind them that I know Charles Strauss, and could alert him of these illegal changes made to the show. So, not only could I get their production shut down, but could get them a fine that would set them back more than they can imagine.

I would really like to NOT stoop that low, but come now...

[popcultureboy]

Posted: 10/12/05 at 1:53am

Yeah, that'll get you the money they owe you.

[munkustrap178]

Posted: 10/12/05 at 1:55am

Was that sarcastic?

It's not as if I'm robbing them - I'm willing to put all the work in as promised and play the keyboard for all of their performances and rehearsals - I just want what I was promised.

[smartpenguin78]

Posted: 10/12/05 at 1:56am

Hey sometimes blackmail is all the mail you got.

[popcultureboy]

Posted: 10/12/05 at 1:57am

Yes it was sarcastic. Going that route is about the dumbest thing you could do.

[munkustrap178]

Posted: 10/12/05 at 1:59am

No, I could murder them all - that would be slightly dumber than getting them fined.

I'm not serious about reporting their production - although it did cross my mind.

I'm not looking for sarcasm here, I'm looking for people to tell me honestly, what they think the best thing for me to do is. I'm frustrated.

[popcultureboy]

Posted: 10/12/05 at 2:01am

Sueleen summed it up best, I'm afraid.

[SueleenGay]

Posted: 10/12/05 at 2:04am

But unfortunately, that is not what he wanted to hear.

[munkustrap178]

Posted: 10/12/05 at 2:04am

I agree. It just blows my mind that they seem to have no qualms about screwing someone over. I'm livid.

[M J R]

Posted: 10/12/05 at 2:05am

Honestly I think you have no recourse here. Even if you are non-union, you still MUST DEMAND a written contract before you set foot into a rehearsal.

It's obviously not an organization worth your fraternizing. While not tattling on them, it's still a good idea to make it widely known what their business practices are and to warn others from making the same mistake. It sucks that you're out the money from other potential gigs, but again, you should have protected yourself with a contract...

[orangeskittles]

Posted: 10/12/05 at 2:07am

Ask them if they know of any other productions you could get work in at this time. They run with that crowd, they've gotta know someone somewhere.

But adding Punjab...ugh. Can I report them?

[munkustrap178]

Posted: 10/12/05 at 2:09am

A contract literally never crossed my mind. In the past, I have always been payed as promised, as much as I had been promised. It's for a little community theatre (that pays surprisingly well,) and I'm just a 20 year old guy looking to do something DIFFERENT. I'm not defending my poor judgement, I'm just saying that a contract never crossed my mind. If it's just a contract written by me and signed by everyone, it seems strange that they would still be under legal obligation to pay me for a contract that is in no way "legal."

[M J R]

Posted: 10/12/05 at 2:13am

Well, now you know.

No, it has to be a contract drawn up by the producing body (the theatre), no matter the size. Each of you should keep a signed copy.

I was in a similar situation years back, working at a friend's little theatre, and I continued to tell him that I would not begin work until I had a contract....he drug his heals and the first rehearsal came and went.........without me!

The contract was ready first thing the next morning.

It's not personal - it's just protecting yourself (I too had other offers and also had to plan my finances...)

Better luck next time!

[smartpenguin78]

Posted: 10/12/05 at 2:15am

I stand by my statement, try to get them all in a room and talk it out. It may not work, because as the others have said they don't have to give you anything, but a full open disclosure is your last best chance.

Many times ANYTHING in writting is a legally binding contract, it is something that would prove to a court the agreement is made. Always get something, that signed piece of paper makes itself "real."

[SueleenGay]

Posted: 10/12/05 at 2:17am

Oh for pity's sake, don't you watch Judge Judy? Always get it in writing...Now you know...

[munkustrap178]

Posted: 10/12/05 at 2:19am

Now I definitely know. Thanks guys.

[Elphaba]

Posted: 10/12/05 at 10:11am

yup, as I learned with my gardener....always, ALWAYS get it in writing.......cost me $265 last month to learn that damn lesson

[Patronus]

Posted: 10/12/05 at 10:19am

Yuck, what a crappy situation munk. Sorry to hear that you are dealing with that.

I agree with smartpenguin on this one. Sit down with them and talk it out rationally and with as little emotion as possible. You can always play the blackmail card later if absolutely necessary.

Anyway you cut it, it's a shady thing for them to do you.
Updated On: 10/12/05 at 10:19 AM

[lildogs]

Posted: 10/12/05 at 10:29am

I agree with Patronus...play nice until you HAVE TO play the blackmail card--but it's not really blackmail if they are violating their contract with the licensing agent. It is a well-known fact that shows are to be performed as written and they are definitely aware of the risk they take by changing such a famous show. You have to eat and pay your bills munk, and you will be the only one to suffer because of this...now if you want to take the high road, by all means do, but the landlord doesn't care if you take the high road or not--he wants his money.

[Gothampc]

Posted: 10/12/05 at 10:40am

You should withdraw from this production immediately. Don't you have any sense of ethics? If they have changed the show and not gotten proper permission, then it makes you look bad for being involved in it, plus it's illegal. Using blackmail will only come back on you, what goes around comes around.

[RobbO]

Posted: 10/12/05 at 10:43am

the more you know....(shooting star)

[popcultureboy]

Posted: 10/12/05 at 10:45am

Seriously, I think even mentioning the fact that you can bring Charles Strauss into things would be a huge mistake. You'd end up looking like a spiteful little tattle tale and you need to look at the bigger picture. It was for 3 weekends and it was a community theatre. Yes you got gypped and yes you turned down other work for this, but putting your parts on now will acheive nothing. Put it behind you and keep looking for something else.