Author Topic: To Break or Not to Break  (Read 16953 times)

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MatthewShiner

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To Break or Not to Break
« on: Apr 08, 2011, 07:34 pm »
So, this may become an issue right away for me, but let's talk about this in a general, out there kind of way.

You have a signed contract for a show. 

You get an offer for a better show, but it means breaking the contract - and by breaking the contract, we wean using the out that is outlined in the contract.

Do you ever break a contract?  How much better does the second show have to be?  (10% pay raise?  20% pay raise?)  Does it have be a "better" gig?  (Better type of show?  better theatre?  better gig?)

Thoughts?

Discuss . . . would love to talk this out before I have to deal with the reality of the situation - would love to talk about calmly and rationally without emotions wrapped up.

 
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BLee

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Re: To Break or Not to Break
« Reply #1 on: Apr 08, 2011, 08:30 pm »
I've wondered about this concern, especially since companies have such different timelines of hiring. I personally like to schedule gigs at least 3 months in advance, but many companies don't start job offering until 4-6 weeks before the contract begins. Since I never know, I always take a good paying position if no other better offer is presented within a couple weeks.

As for breaking that first contract if another is presented, I don't know if I could ever burn that bridge. Sometimes the contracted company understands, especially if they expect you to move on to bigger and better jobs with time. If they automatically include a breaking clause in the contract I take that as a sign that they know some contracts will need to be broken. My biggest concern is obviously making myself unemployable by the contracted company. We have such a small world that breaking a contract could leave a bad taste that precedes you if you return to that region for work.

I guess  you have to consider what the consequences are of breaking the contract versus turning down the second offer. For instance, if this new position is a big opportunity that means widening your future opportunities (and your current contract is just your status quo) then it might be a good idea to explain the opportunity to your contracted company and bow out gracefully. For instance, someone who has been trying to get into an equity contract should seriously consider breaking a contract if the new offer gets them their card. As long as you handle the break with humility and grace good companies will probably understand the boost to your career.

Another factor I would consider is how long the notice is when you make the decision. If you are breaking your contract a month or more before your start date then you are leaving time for a replacement to be found. Less than a month may leave them in a bind and make the company resent the situation you have put them in last minute. If you have already started the contract then it would be irresponsible to break the contract (unless you are able to stay to train your own replacement).
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missliz

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Re: To Break or Not to Break
« Reply #2 on: Apr 09, 2011, 01:28 am »
The only time I've done this, it was to leave an off-off-Bway production to do an off-Bway. I gave a week's notice, which gave me time to get my paperwork in order and hand it off to another SM. We had just started rehearsal, so fortunately it was easy for me to hand the show over (just a lot of preproduction paperwork!)

I personally would like to bring a tortoise onto the stage, turn it into a racehorse, then into a hat, a song, a dragon and a fountain of water. One can dare anything in the theatre and it is the place where one dares the least. -Ionesco

BayAreaSM

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Re: To Break or Not to Break
« Reply #3 on: Apr 09, 2011, 01:46 am »
I have done this once. I wasn't AEA at the time, but I did break from a LORT company.

I had gone in for an interview to be the ASM at my current ballet company, and I told them I was on contract as a PA/ASM (there wasn't a real ASM on the show) for a LORT company until a certain date. They needed to interview others for the position and would get back to me later. I had signed a contract with the LORT company to act as a PA for 2 shows. I had just finished tech of my first show and was in performances. By the time the show hit closing 3 weeks later, I was offered the ASM job at the ballet.

Once my show closed, and I started prep for the 2nd show of my contract, I spoke with my SM. I explained the better pay, the season long job, and she understood. I then went to my PM and explained it to him - and that the ballet needed me sooner than I'd expected. They needed me by tech of the 2nd show. I was giving him 4 weeks notice, and he completely understood. I stayed on with the show and helped prepare my replacement up until the night before tech. I even offered to be present during the evenings and the weekends of tech, since I only had to be at the ballet during business hours. They said no, that they needed my replacement to be able to do it on her own.

And the next summer, they asked me back. I worked on a rotation with the ballet and the LORT company for 6 years straight. Anyone in our business can understand that better pay, a longer contract, anyone would take that. We all need to survive and, being able to give your employer enough notice, it can be worked out and everyone can part on good terms.

Maribeth

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Re: To Break or Not to Break
« Reply #4 on: Apr 09, 2011, 01:05 pm »
I've done this twice. Once was an SM contract with a small SPT- I had a verbal agreement with them to SM, but they hadn't gotten around to sending me a contract to sign. I was offered a year-long position with a university, which paid better and kept me employed for a much longer time period. It was 9 months to a year out from the SPT show so I knew they would have plenty of time to find someone, and I took the university job.

The other contract I broke was for a one-night engagement with a dance company. I was offered an ASM position on an opera, which is 5 weeks worth of good-paying work. The dance company completely understood and there were no hard feelings. (it was also a couple of months out so they had plenty of time to replace me).

I have had the opportunity to break with a smaller contract for a larger one many  times- and in hindsight, I should have done it more. There have been a couple of those times when it would have helped my career in a major way to move to a larger company, and I didn't, for fear of damaging my relationship with the company I was contracted with.

(I received an offer to takeover a long run of a good show at a good theatre the day before I started rehearsals for what turned out to be the most miserable show I've ever done that ended up closing early- god do I wish I had broken that contract...)

I think for me, at this point, it would have to be a) a significantly longer running show, b) a better show, and c) with a company that I wanted to establish a relationship with. The new contract would have to be something that helped career more in the long run, not just a salary increase.

babens

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Re: To Break or Not to Break
« Reply #5 on: Apr 09, 2011, 02:45 pm »
For myself I tend to agree with Maribeth's last sentiment, it would have to be for something that would help my career in the long run.  I've broken contracts on several occasions now in my career and in each instance I strongly feel that it was the right thing for me to do.   I do believe that each of those productions that I chose over the others have brought me right here to where I am now in my career, which I feel pretty good about at the moment.

MatthewShiner

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Re: To Break or Not to Break
« Reply #6 on: Apr 09, 2011, 03:01 pm »
I think the devil is in figuring out . . .

1) How much better does the gig need to be?
2) How much better does the pay need to be?

and

3) How do you ever quantitatively figure out if a how if a show will HELP your career or if breaking a contract with HURT your career?  You can't look into the future . . . it's always a gamble of some sort, eah?

I do think there are some extremes . . .

You are doing an off-off Broadway and pickup a production contract show.
You are doing a short run and get a long run contract or staff position.
No pay gig and then get a paying gig.

I think at the end of the day, it's the more subtle differences that make some choices harder - especially for someone like me who has been sort of faithful dog to companies.

I have broken contract three times.

1) Early in my career, first day of tech, my partner's father died (and we had to deal with international issues to deal with his body and his estate).  I had to travel back to my home town to deal with many, many issues.  I was able to open the show, and hand it over to another ASM.

2) I sent in a contract to an opera company for an ASM position, and the day I dropped in the mail, I was offered a full time staff position with a LORT company. I called them up to tell them I was going to have to break the contract.  I gave them three months notice.

3) When I left my last gig, I gave them 8 weeks notice to leave after six years . . . but upper management new I was looking for new work, and was planning on leaving at some point.  It was not a surprise.

Everytime, you think . . . well, that's it.

But, you know . . . if the reasons are good enough, people understand.   
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loebtmc

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Re: To Break or Not to Break
« Reply #7 on: Apr 09, 2011, 04:44 pm »
I think most of the time those in business understand more than those who are getting something for (relatively) nothing - mostly when I accept a show I do it, but having been on shows with others who've left in addition to the two I've handed off, the folks who were least understanding were the 99-seat or small contract folks who begrudged my leaving to go get better union pay and AEA health weeks. The real professionals get it - higher pay, better working conditions, longer contracts don't burn bridges - but the closer-to volunteers didn't get it. At least that's my experience.
« Last Edit: Apr 10, 2011, 02:21 am by loebtmc »

Aerial

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Re: To Break or Not to Break
« Reply #8 on: Apr 09, 2011, 10:11 pm »
I have broken a contract twice, both for with the same local NEAT theatre.

The first time, I had agreed to take over a show for at the NEAT theatre, but then a mentor of mine who was SMing at the local LORT theatre had a medical issue, and I ended up taking over for her, and in this case, it was much more important to me that I was there to help out my mentor, and the money was secondary.

The second time was this past Christmas slot.  I had agreed to do a Christmas show at the NEAT theatre (hadn't signed a contract yet, because NEAT theatres get those back from Equity last minute, usually due to bond issues).  It sounded like a great show and different from the usual.  Then the local LORT theatre came calling for A Christmas Carol, which was going to be my 4th Carol with the company, but first as PSM.  I can't deny that the money was a big issue this time (the LORT contract was a month longer at nearly twice as much a week with lots of overtime).  The appeal of calling a show that promised to have a great deal of technology was strong as well.  I broke off my agreement with the NEAT theatre 6 weeks before, and I did it in the most professional way I could.  They understood, but I'm not sure I'll get many offers there in the future.

PSMKay

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Re: To Break or Not to Break
« Reply #9 on: Apr 09, 2011, 11:25 pm »
I turned down an offer from Cirque du Soleil in order to stay out my contracts. 

Don't kill me.

In the pre-SMnet era, I was working on a very small show here in Chicago. We were in the middle of the run. This was around 1999, and I was the ASM/SBO. I had additionally just taken an offer to sign on permanently at a day job that had previously been a temp assignment.

Given that I was 22, had been in Chicago for little over a year, and had very few networking opportunities available to me, I was quite pleased that I'd managed to build up my calendar in the city and was booked on 3 productions through June of 2000.

With 3 weeks left in the run, it was only natural that Cirque would call on a Tuesday saying they wanted me for a floor manager position in Orlando by Friday.  I had sent in an app about five months prior on the premise of "hey, I speak French and can do tech, why not?"  In this case it was not only "do I break the contract" but "do I break my life" to go join the circus. Besides, I loved Chicago already. So I turned down Cirque in exchange for finishing up a tiny little show for a company that no longer exists.

Watching this thread over the past few days has made me wonder what would have happened if I'd said "what the heck" and upped and moved down to Orlando that week. At that point we were two years away from the creation of SMNet, which evolved out of my own needs as a freelancer in Chicago.  I'm sure something like this would have sprouted up eventually in someone else's hands, but I have no clue how it would have evolved.  It's one of those time machine moments that you see in sci fi movies, where someone drops a candy wrapper and 200 years later everyone has beaks.

Good topic as usual, Matthew!

MatthewShiner

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Re: To Break or Not to Break
« Reply #10 on: Apr 09, 2011, 11:48 pm »
Yeah, but PSMKay, no one should sit there and moan about the path not taken . . . you can't.  (I do have to tell you the four or five people I know that have gone down the cirque path, and have returned, one absolutely heart broken to find out our their dream job was no such thing - just proving that a job is a job, and making something out to be MORE then that can lead to trouble.)

I think you always, always, always have to look forward, and make the best decision based upon the knowledge you have, but also remember that that you are a business, and what is the smart BUSINESS move for you . . . sometimes, heck, a lot of time, I think there is way too much emotion involved in some of these choices . . . and I have to admit the impending conflicting contracts I have coming up does not only have some career issues, but does have some emotional issues tied up on.

I have to admit, one of the hardest part of freelancing is the "kid in the candy store" mentality - trying to do it all - and having to breathe and realize, there will be other shows - and no one person can do every show.

But, you have to think of what is best for you, what is best for your business model, what is best for your reputation - and I do know a lot of this has to do with where you are in your career . . . some people can step away from a show and find three more easily, where if you are earlier in your career - it might not be as smart a choice.

« Last Edit: Apr 09, 2011, 11:51 pm by MatthewShiner »
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DeeCap

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Re: To Break or Not to Break
« Reply #11 on: Apr 13, 2011, 10:47 am »
I broke a contract and it didn't go well.

In August of 2006 I was offered an ASM position at an opera company. The job was from December-March. I was excited as it was going to be my first opera production.
Between August and December I was looking for work for when I was to be done with the opera. In late October I sent a resume for a position at a University, and I thought it would take a while for them to get back to me.

Not only did they get back to me quickly, but within two weeks I had two interviews and an offer. They wanted me to start in December. To me it was a no-brainer. The university job was full time with excellent benefits and an opportunity to get my MFA for next to nothing. It was also in a town that I really liked and I had friends living there. I accepted the offer.

Since it was over a month out, I thought I gave the opera company plenty of time. They didn't feel that way. They sent a not so nice email and wanted me to pay for my plane ticket. The next day I saw the job posted here and the following day the job was filled. I never emailed back, and they never followed up.

I don't regret breaking the contract. I was just surprised at their reaction giving the nature of this  business.

dallas10086

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Re: To Break or Not to Break
« Reply #12 on: Apr 13, 2011, 01:05 pm »
I think you always, always, always have to look forward, and make the best decision based upon the knowledge you have, but also remember that that you are a business, and what is the smart BUSINESS move for you . . . sometimes, heck, a lot of time, I think there is way too much emotion involved in some of these choices . . . and I have to admit the impending conflicting contracts I have coming up does not only have some career issues, but does have some emotional issues tied up on.

I have to admit, one of the hardest part of freelancing is the "kid in the candy store" mentality - trying to do it all - and having to breathe and realize, there will be other shows - and no one person can do every show.

But, you have to think of what is best for you, what is best for your business model, what is best for your reputation - and I do know a lot of this has to do with where you are in your career . . . some people can step away from a show and find three more easily, where if you are earlier in your career - it might not be as smart a choice.

Sounds like you already know what to do in your own situation  ;)  Good topic!

MatthewShiner

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Re: To Break or Not to Break
« Reply #13 on: Apr 13, 2011, 02:35 pm »
Quote
Sounds like you already know what to do in your own situation  ;)  Good topic!

Sadly, I don't know what to do in my situation - it's not really clear, and it's not really easy.

Although I think I know what my decision is going to be - it's becoming a bit more clear cut.  I think I will be able to talk about more clearly and be able to sort of post-mortem it with the group next week.  I learned  a bit - especially from some cohort and partners in crimes - who I have sought advice from.  It has been good to get some outside advice.

But here's a little tidbit.

It never get's easier.

Yes, you may be dealing with high class shows or high class decisions, but everything just gets elevated, and more high profile when you work in larger markets - and there is a lot more pressure.
« Last Edit: Apr 13, 2011, 10:30 pm by MatthewShiner »
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RuthNY

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Re: To Break or Not to Break
« Reply #14 on: Apr 14, 2011, 10:06 am »
No it never gets easier. And it shouldn't. We are Stage Managers, and are known for reliability and loyalty. We work a show from conception to closing. We are project oriented. Leaving a project IS hard for us.  If it's not, then the job we're leaving is awful, or the job we're going to is one-of-a-kind, or we have no conscience at all.  Let's not crave easy, shall we? The fact that this kind of a decision is a hard one, reflects WELL on this community.

Now, this whole thread about breaking contracts is closely related to that other recent thread about how far ahead we book ourselves. The further ahead one books, the more likely one might be tempted to break a contract. We need to look for the balance. The balance between assuring jobs, workweeks, and salaries, and choosing those jobs we actually want to DO, not just jobs we actually want to GET,  with a "kid in a candy store' attitude. Maybe once one has a job, one does it, no matter what else comes up? Or maybe one doesn't apply for everything one sees, knowing something better may be around the corner, and then there will be no contract breaking. The temptation to apply for everything, and get every job is easy to succumb to, but an impossible situation to be in. Why would one do this on a regular basis? Folks, know thyself! If you're taking a job you'd give up in a moment for "something better," maybe you're not the right SM for the job. So, how early do you book, and how sure are you that you'll do the job when you book it far ahead???

 I'd love to fit every job I'm offered into my schedule. I have a dilemma now, where I'm juggling overlapping offers for next season from more than one company. I can't do them all, and I won't do that manipulating thing where i try to get them all by negotiating to leave one show early or begin one late, or hire subs to cover for me, just to do them all. I've seen Stage Managers ruin their reputations and throw companies into chaos with that style of booking, and will not do it myself.   Someone is going to be turned down. How will I choose?  I'll choose the jobs that I deem best for me, whether that means money, director, the show itself, venue, or continuing a relationship with an institution, or something else I haven't even thought about yet. The next few days are going to be hard. I'm going to disappoint someone, and, yeah, I'm going to have some regrets either way. But, it's better now than signing a contract and then changing my mind!

And I'll be leaving a job open for someone else.  Perhaps I'll even get to recommend someone for the job I turn down, who knows? Maybe it'll be YOU?


Quote
Sounds like you already know what to do in your own situation  ;)  Good topic!

Sadly, I don't know what to do in my situation - it's not really clear, and it's not really easy.

Although I think I know what my decision is going to be - it's becoming a bit more clear cut.  I think I will be able to talk about more clearly and be able to sort of post-mortem it with the group next week.  I learned  a bit - especially from some cohort and partners in crimes - who I have sought advice from.  It has been good to get some outside advice.

But here's a little tidbit.

It never get's easier.

Yes, you may be dealing with high class shows or high class decisions, but everything just gets elevated, and more high profile when you work in larger markets - and there is a lot more pressure.
"Be fair with others, but then keep after them until they're fair with you."
--Alan Alda