Author Topic: Professional Ethics: Departing Early from a Show  (Read 3558 times)

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MatthewShiner

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Professional Ethics: Departing Early from a Show
« on: Jun 12, 2015, 05:33 pm »
Okay, this is an interesting topic . . .

Let's say, you are freelancing, and you have book a show, Show B let's call it, but it's two months away.

You then interview for Show A, but it runs past the start date of Show B.  And the contract allows you an out that you would be able to give notice legally and depart from Show A to go on to show B.

When do you bring this up?

During the interview?

After an offer is made?

After you sign the contract?

Only when the notice is due?

Had this come up in my life, I am attached to a show, in this case Show B, that keeps changing dates, but currently is holding a place on my calendar . . . went in for an interview with a GM for a show that was clear of those dates, but got asked about my interest in another show, that did conflict.

I have very strong feelings about this but thought I would hold out for a bit . . .



After you sign the contract?
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Anything posted here as in my own personal opinion, and does not necessarily reflect the opinion of my employer - whomever they be at a given moment in time.

ErgoCue

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Re: Professional Ethics: Departing Early from a Show
« Reply #1 on: Jun 12, 2015, 08:40 pm »
I would wait until the offer is made.  That way you know they're serious and it gives both parties room to negotiate the contract fairly.

dallas10086

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Re: Professional Ethics: Departing Early from a Show
« Reply #2 on: Jun 16, 2015, 01:46 pm »
It seems telling them before they've even hired you would be shooting yourself in the foot. I'm tempted to say to give them notice on the deadline. Tempted...but in the situation I'd probably chicken out and tell them my first day in.

KMC

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Re: Professional Ethics: Departing Early from a Show
« Reply #3 on: Jun 16, 2015, 05:53 pm »
My thought would be that it's etchically appropriate to notify of any conflicts (whether they be scheduling-related to perceived conflicts of interests) before a contract is signed, but you'd be handicapping your chance at receiving an offer if you do it during the interview.

If you fail to notify until after the contract is executed and "show A" learns that the conflict existed before the agreement was executed, you risk winding up with egg on your face and burning some bridges. 

Depending on the contract language and what damages clauses exist, you also put yourself at risk for negotiating in bad faith ("entering in agreement without the intention or means to fulfill it" is legally considered bath faith), in which case you could be held liable for damages incurred by the producer (e.g. the costs involved in finding your replacement for the run of a show), especially if you have agreed to liquidated damages.  Now - I assume this is an equity contact and you would be clear of any of that, and it's admittedly an extreme example, but it's not impossible.

What I could not infer from your post is that if "show B" is a done deal and you've got an executed agreement for that show, or it's still in flux?  In that case, the waters get a bit muddier.

I'd likely argue that you have a responsibility to notify of existing contracts, but not pending contracts.  Especially if that pending contract is in a state of continuous flux. 
Get action. Do things; be sane; don’t fritter away your time; create, act, take a place wherever you are and be somebody; get action. -T. Roosevelt

MatthewShiner

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Re: Professional Ethics: Departing Early from a Show
« Reply #4 on: Jun 20, 2015, 12:57 pm »
I think on AEA contracts you are fine, since most (if not all contracts) have an out clause.  As long as you are not on TWO contracts at the same time without both knowing about it your are fine.

I don't think there is a legal question in play.

The question is more of a "What type of manager" are you? 

In the case of this interview, it was a 9 month tour, and the last stop I would not be able to do - in April.  The show that I would need to leave for has been rescheduled several times.  Friends said don't mention it all, you have an out in the contract and as long as you can honor that.  My issue, the show I would depart from early is all over my resume, and several press announcements are out . . . pretty obvious I am doing it.

So, in my case, I brought it up, and they very quickly said that the early departure, with this much notice, was no issue, and a firm job offer came through.  So, I feel I did the right thing.  Other people have lost the job because of a conflict.

In the end, how honest do you want to seem . . .
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Anything posted here as in my own personal opinion, and does not necessarily reflect the opinion of my employer - whomever they be at a given moment in time.

 

riotous