I have a potential problem...suggestions needed!- Page 2

[lildogs]

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

He obviously does, Gotham, or he wouldn't be asking for advice. The changes that the director(s) have made do not reflect on him at all, no more than a bad score reflects on the percussionist hired for a show. Munk was misled and deceived, and in fact, cheated out of what is rightfully his. Yes, he can take this as a lesson learned, but lessons learned won't put food on the table...it all depends on how much he needs or wants the money. Munk could withdraw AND report them, which would truly be the ethical thing to do; if he doesn't then he is complacent with those who are violating an agreement.

[Rathnait62]

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

And I wouldn't tell them that you know Strauss - he had nothing to do with ANNIE - Charles Strouse did, though.

[SueleenGay]

Posted: 10/12/05 at 11:42am

Does ANYONE find it ironic that the person who got him involed with all of this in the firs place was a "orchestra contractor?"

[Jilani]

Posted: 10/12/05 at 1:35pm

I know what I'm about to post probably won't help practically in this case, but I just wanted to clear up the common misconception that a contract must be in writing to be legally enforceable. This is true only for certain specific categories of contracts, and the agreement being discussed here does not fall into one of them. (As an aside, munkustrap's case is even stronger given that he has partially performed the services he promised AND given that he has foregone other paying gigs - the legal doctrine that applies to this situation is called "promissory estoppel".)

That said, from a practical perspective, it's much easier to enforce a contract when you have something in writing, which is why you should always get a written contract to be safe. In this situation, the most advisable course, which others have already suggested, is to have a reasoned discussion with the parties, explaining that you turned down other work in reliance on this job, and trying to at least get paid for the services you have already performed. While you do appear to have legal recourse here, in practical terms it probably isn't worth the hassle, since it would just be one party's word against the other's.

[JayKid]

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

Why does everyone hate the blackmail idea?

Seriously, they deserve it if they refuse to pay him. Contract or not, they are screwing someone over who let other things go to do this for the money. I would let them know, as others said, and if they still don't give you anything... then they are ****in assholes and deserve to be blackmailed.

I'm sorry, but you deserve your money and it isn't fair. You have to do what you have to do at times.

[popcultureboy]

Posted: 10/12/05 at 2:11pm

I hate the blackmail idea because Munk isn't looking at the bigger picture. Let's say he does report them and let's say it turns into a big deal. It may only be a community theatre, but it's a teeny tiny industry and there's a chance that the fallout from doing something as ill thought out as that could result in future employers going "oh wait, isn't the the a**hole who screwed over that production of Annie a while back?" Mud sticks, and Munk is much better off cutting his losses, walking away and letting the whole sorry mess collapse in on itself.

[bwaysinger]

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

Everyone's offering good advice. Follow Pengy and try to sit them all down and get them to pay for the services originally requested. You have nothing to lose there.
As Poppy said, you have everything to lose by smearing your good name, especially being so young and having a potentially long and well-respected career ahead of you. No need to blacklist yourself (it's amazing how many community theatre staff members of today are the bigwigs of tomorrow) with these people.
And, as Sueleen said, should it come to that, accept what's happened, chalk it up to that crazy thing called like experiences, and put them on your own personal blacklist.

[lildogs]

Posted: 10/12/05 at 2:16pm

I agree popculture, but munk may not be financially able to do that--i would prefer threatening a little community theatre to being evicted--like i said, it depends on how badly he needs the money.

[munkustrap178]

Posted: 10/12/05 at 3:37pm

They have said that no matter what happens, I will atleast be payed for the first rehearsal. Big deal, that's nothing.

It's not as if I'm poor and scrounging around for food - I'm fine, but this extra grand or so is really what I need.

And honestly, I wouldn't have the heart to call them on this production - it's a bunch of kids and adults in a small town in New Jersey that do this for fun. Even though the director is a royal c*nt that has no idea what she's doing, I wouldn't ruin this experience for all of the kids and staff that have worked on this show for months. I do believe in karma - what goes around, comes around. And if they screw me for promised money, something equally upsetting will come back and hit them. If not, whatever. The greatest lessons are those you learn from your mistakes.

HOWEVER, if worse comes to worse and they completely refuse to work anything out with me, I have no qualms about threatening them with Charles STROUSE, RATH - I would never actually call - but it might be enough to scare them a bit.

And while it may be true that some community theatre members are the big wigs of tomorrow, I can safely say that no one in this production will ever move on to anything bigger and better - especially the director and musical director - as they are two of the most useless human beings I have ever encountered.

Now, there's still a chance that I could go into rehearsal tonight and find that the money issues have been resolved, and they will agree to pay me what was promised, and this all will have been for nothing. But I doubt it.

Thanks guys, I appreciate it.

[munkustrap178]

Posted: 10/12/05 at 4:58pm

Yes, there is atleast one person who witnessed the conversation. Thanks for your help. I just got off the phone with the musical director (15 minutes before I have to leave for rehearsal) and he told me that the producers didn't approve the budget.

I politely, but firmly told him that I turned down several other jobs, and had already planned my finances accordingly. I also told him that I don't care who is at fault for this miscommunication, and I don't care who I need to talk to, but I will get the money. I told him that I would come into rehearsal tonight anyway to speak to the producer in person.

Jilani: Thank you very much, it is much appreciated. I live in NY - lets say I did file a suit - would it have to be done in NJ or NY?

[Jilani]

Posted: 10/12/05 at 5:36pm

Generally, you need to file in the county where at least one defendant resides or has a business, which is why I linked you to the New Jersey website. Kind of a pain, but you can file by mail, so you could probably get the court to mail you the form and then you could return it by mail, and the only time you'd have to go there would be on the trial date (if that even became necessary).

By NY, I assume you mean New York City. You could file in New York City small claims court if the defendant transacts business within New York City. So if, for example, they advertised for this position within NYC, you could probably file in NYC, which might be even better because it would be a total pain for them to deal with. Here's the link to the NYC small claims court site:

http://www.courts.state.ny.us/courts/nyc/smallclaims/procedural.shtml

[munkustrap178]

Posted: 10/12/05 at 11:04pm

Thanks again. Fortunately, I got my way and the situation worked out. Just to be shore, I'm going to write up exactly how much money I was promised - including transportation - so atleast I have a guarantee of how much I was promised to be payed.

Thanks for all your suggestions

[BSoBW2]

Posted: 10/12/05 at 11:23pm

Heh, you wrote shore.

Well, MAZEL TOV to you!

[SueleenGay]

Posted: 10/13/05 at 12:30am

Is this the production with Liam playing Annie? How cute would that be?