PROFESSIONALISM: Have I overstepped the mark?

[kiwitechgirl]

I'm reaching the end of a 12-week run and have been having issues with one actor who constantly upstages, pulls focus, ad-libs and while his character is an alcoholic, he plays so drunk that you can't understand what he's saying.  I've had words with him, the director has had words with him and it's now at the point where it's going up to the CEO and artistic director (he's through-cast into the next two plays).  The rest of the cast are all incredibly frustrated with him, because it's all about him - no sense of ensemble or company, plus his backstage behaviour is less than satisfactory - we're constantly having to stop him singing along, talking and laughing loudly.  There has also been some other inappropriate behaviour but I can't go into details about that.

He's also auditioning shortly for a production with another company; the musical director is a good friend of mine and so I've e-mailed him to let him know of the issues we've been having because I think that if they're considering casting him, they need to know what he's like.  Of course, now I'm having second thoughts about whether I have overstepped the mark in passing this information on.  It's true that if you asked anyone in the company you'd get exactly the same story, but I'm still having doubts....what do you think?

Edit added label to subject line-Rebbe

[VSM]

It's up to the current director and artistic director to reign him in.
Your opinion of his work ethics to possible future employers is just that, thankfully, your opinion.
Given if asked for...

[MatthewShiner]

About notifying future employers, what if the shoe was on the other foot . . .

let's say there is given set of circumstances which is making it difficult for you to do your job fully - a bad assistant, a director who is difficult to work at, various production staff making your job harder, not enough budget - what ever reasons you aren't doing your job to the best of your abilities, legitimate reasons - and the actors may not be aware of all the mitigating circumstances behind your work.  An actor hears you are applying for another job and they go and bad mouth you to that producer - is that fair?  Is that right?  I would hate to be judge by any single production I have done . . . 

Every show is different, every production unique - even when you work with the same people over and over again.  In the USA, what you may have done - if this was a professional setting - borders on being questionably legal - I am pretty strictly bound on what I can say as reference to anyone's employer past, present or future.

[dallas10086]

If someone had sought you out and said, "Hey, I know you worked with this guy for X weeks and I'm thinking of casting him. Can you tell me how he was to work with?" then I would say you could volunteer some, if general, information-- "I'm fairly sure the director wouldn't cast him again" "There were some difficulties" "He didn't mesh well with the cast". I wouldn't offer up much more information than that.

But to seek out a potential employer for that actor and say, basically, "I wouldn't hire him if I were you," seems backhanded, no matter how bad he was.

[loebtmc]

agree w all - last year I worked a an actor who was horrible to anyone NOT in a position to help her career, interrupted notes, chatted all the time unless it was about her, refused notes from SM (her answer "is this from you or from the director!) - made my wardrobe girls (college kids) cry etc - and I saw she was starring in a show shortly in another state - it was hard, I grant you, to NOT warn the SM that she treated stage management and crew like dirt, but it's not my/our place to create prejudgment. It's possible that, with a different director, show, staff this person may clean up their act or be respectful or just generally change - whether I believe it's possible or not. And this was not the first time. There are two actors we spend time dissing with three directors who have worked w them - who say "wish you'd warned me" but not my place -and these two actors actually have directors who love working w them, so you just never know.

So, unless directly asked by someone (not "hey I worked w this person if you want to know anything call me" but instead "hey I know you are working w this person is there anything I shd know") we don't say a word.

[maximillionx]

I agree with the last few posts. A few things:
- It is within your right to give a bad reference if asked for one. Most employers will generally say "no comment" though.  The reason being: a bad reference could be mistaken as slander and you might be subject to a lawsuit.
- Seeking out the potential employer does indeed seem to be overstepping.
- Telling a friend or acquaintance how it is to work with a certain person seems okay, but shouldn't affect employment.

Be careful and good luck!

[MatthewShiner]

You should check with the laws for the state in which you work about giving a reference that is negative.  It does open up a can of worms.   If you work at theatre with a HR person, bend their ear, and they can give you more information.

I am always very clear when giving a reference on someone stating that I am giving it as a freelance stage manager and NOT a staff member at the theater I currently work. 

[Rebbe]

He's also auditioning shortly for a production with another company; the musical director is a good friend of mine 

To me, this part makes a big difference.  I think approaching a future potential employer who you have no relationship with is out of line.  But yes, if a good friend of mine was going to work with someone I had an extreme experience with, good or bad, I would very likely give them a heads up.  I probably would do so verbally, though, because you never know where an email will end up, or whether it will be received the way you meant it.  Since your email is already sent and you’re worried about it, maybe give your friend a quick call and ask them not to forward your message to anyone else.

I hear the point about putting yourself into another person’s shoes, but I also think it is fair to consider how a person behaved in all professional settings, not just the good ones.  This is a word of mouth business, and if only good words went forward about everyone, you'd never know who was actually good.  If this truly is an anomaly for the actor, he’s having personal problems that are effecting his work or something, than the rest of his record and previous references with positive things to say will balance it out.   

[loebtmc]

Rebbe, I strongly disagree. It isn't our place to "warn" someone unless asked. Their experience may be very different. And if we offer it without being asked, it opens a huge can o' legal whuppass. It IS overstepping our boundaries. The person is auditioning - the actor may be wrong for the role, blow the audition or be a friend of the producers - but to proactively impact their employment is dangerous ground.

Yes, there are actors who consistently work with whom no one likes to share space - and yes there are perfect storms of shows where separately, the actors are great but together they are poison - and yes there are folks who are just having bad years.

Professionally, this is beyond our job description. It is completely inappropriate.  And even with the best of intentions it can also get us in a whole mess o' trouble legally.

[MatthewShiner]

I think that the legality of the issue is what is most important - unless you know the legal laws of the state where you work, giving information other the dates of employment, reason for departure and if you would re-hire again - you are treading on thin ice.

[missliz]

I've actually been on the other end of this situation- I was brought in for a show where the lead was precast (a semi-"name" actress). Before we even started, someone who had worked with her that I knew pulled me aside to tell me she was a diva, demanding, difficult to deal with, everything. So we started rehearsal, and if she had any complaint I found I was already a little against her and found myself taking it too seriously. And then a week or so later, I realized...she was fine. And I didn't have a problem with her for the whole contract. The person's friendly advice had created a bias for me against her that wasn't really fair.

[MatthewShiner]

That's has happened a lot to me . . . where someone says "Oh this director is DIFFICULT to work with" - and I have no problem with them at all.  And some directors are "easy as pie to work with" - I actually had trouble with them

[kiwitechgirl]

Thanks for all the opinions - reading back I realized that I had actually left out one fairly important piece of information.  While the current show is a professional show, the audition in question is for an amateur production.  They do sometimes pay their leads, but generally only if they headhunt an actor for a show - if you turn up to audition, you're basically saying that you will do the show without pay.  In a fully professional situation I would have been much, much more hesitant about approaching the MD (who, by the way, I have asked not to forward the message on) as no matter how difficult the actor has been, I wouldn't want to deprive them of paid work.  I should have written this in the first place - apologies for forgetting as I do think it changes the situation.

[loebtmc]

So sorry, I still disagree. This being a freebie is good info but since we never know where a show or its cast/crew are gonna end up, or where being seen in a given show may lead, I still feel (free or not) this oversteps our boundaries. We have this beast in LA called 99seat (we call it 99cent) - most folks are asked to work free or as good as free. But sometimes important folks come to see shows, sometimes the shows move on, sometimes the artistic and creative team members travel between union and 99seat work etc etc etc. Even in a 99-seat or community theater situation, it would still be inappropriate for me to say "so and so is a real jerk, unprofessional, hard to work w." My opinion comprises gossip and can be construed as slander. And, as professionals, whether I am being paid or not, my actions and behavior as a pro is always my parameter for everything.

[PSMKay]

One thing to keep in mind - while many of the replies here have addressed the courtesy issue of the situation, many of them have come from US based SMs who are bound by US hiring laws.  Many of the precautions that we take are as a result of these laws.  While the courtesy aspects remain, we must remember that kiwitechgirl is not based in the US and there may be cultural and legal variances between countries when it comes to hiring practices.

I am NOT a lawyer.  All subsequent advice is based on knowledge I've accumulated from working as a recruiter and in real estate, both of which deal with employment and other contracts on a regular basis.

In the US, it wouldn't matter if the job was paid or not, kiwitechgirl would be opening herself up to a defamation suit and possibly an antitrust suit if the company name were invoked in any way in the course of her correspondence.  I don't know where the laws stand regarding contract law, antitrust and defamation in NZ, though.

Just to be on the safe side, here's what I would suggest for next time.  Do not offer any advice or opinions before a hiring decision is made.  If someone enquires after the hiring process is finished, you can feel free to offer suggestions based on your experience of things you did to ease the task of working with the person that were successful in controlling their behavior.  Other than that, unfortunately, silence is the best policy.  The ONLY exception to this is when the applicant has given your name as a reference, and even then, it is the safest bet to only answer objective, yes/no questions.  ("Did they arrive on time to rehearsals?" - OK to answer.  "How was their attendance record?" - Not OK.)