Is It Ever Appropriate to Sue a Company?

Let's Not Be Irrational! - Carabosse (Shura Baryshnikov) w/Catalabutte (Gianna Gino Di Marco) w/artists from Festival Ballet Providence in Sleeping Beauty - (Photo: A. Cemal Ekin)

I wish legal issues were never the case in this beautiful world of the arts, but, at times, they unfortunately present their ugly face. Working in an underfunded trade where anybody from the truest professionals to the thriftiest amateurs can put together a production can mean that a multitude of issues can present themselves in the process of getting a dance work onstage. While certain issues may arise from the beginning phases through to the performances of a production, luckily most of these items don't require contacting a third party to reconcile disagreements. When is it appropriate to reach out to legal counsel if certain issues or disputes reach a breaking point?

I am lucky that there have only been two issues that have ever pushed me into considering legal representation. The first time this happened was when I was working with a small, fledgling company as an employee and the second time was after choreographing for a larger-scale small-town production that involved a school. What I have found in my 8 years dancing with large-scale, well-funded companies and my 4 years traveling the country working as a freelancer with some lesser funded organizations is that problems are much more apparent in schools and companies with less money or less interaction with the professional dance world.

A handful of the issues that I have encountered throughout my time as a professional dancer and choreographer relate to money. But there is a surprising number of other items that I have either experienced or watched other dancers experience. A general list of issues that I have seen range from not getting paid appropriately (getting paid less, late, never getting paid at all, not receiving compensation for travel, etc.) to withholding dancer rights (workers compensation for employees). I have had my choreography altered against my knowledge, seen dancers per diem withheld, and watched abusive behavior inside the studio. Whether these items arise because of a lack of professional understanding, negligence, or devious behaviors, none of these actions are ever appropriate. Unfortunately, instead of admitting to these errors and working to resolve the situation, those few employers that committed these acts tend to fight a difficult battle instead of admitting to their erroneous ways.

The best way that I can offer up advice is to discuss the two times that I have considered reaching out to legal counsel. The first time was when a company decided to break my employment because I had been injured. When I got hurt, this organization decided to hide that I had a right to use workers compensation to regain my health. When I had to pull out of a program, the director went into a week-long rage against me and, eventually, fired me for what they claimed was a different reason than that they didn't want to finance the healing of one of their employees.

The second time that I encountered a situation that might have led me to speak with an attorney was when a small-town organization violated a choreography contract by adding their own choreography for a public performance into a work that I had already created. After finding my work on Facebook and not recognizing the movement, I reached out to the organization to resolve the situation. Instead of hearing the sincerest of apologies, I received an angry, defensive response naming articles in my contract where they tried to convince me that they could do whatever they wanted with my choreography.

While these were both very different experiences, there were certain similarities in them that differentiated these behaviors from other situations that may have been testy, but wouldn't be worth reaching out to a legal representative. In both situations, my rights were compromised. The first situation was a legal right as an employee, while the second was a violation of a contract. I have found that it is best to reach out as soon as possible to the source in order to work to resolve a situation. In most occurrences, people are reasonable and willing to work with you to maintain a relationship and make sure that all parties are content. But what made these two above situations distinctly different was the stressed and incensed reactions to my attempt to resolve the situation. When an opposing party responds with irrationality, it may be time to reach out for legal advice.

Irrational Puss n' Boots?

It is never a bad thing to reach out to a lawyer to use as a sounding board for extreme issues within the workplace. Being that I am an independent contractor and my partner owns his own business, we hold legal insurance that allows us to get counsel at no additional charge beyond our monthly fee. When stress, money, intellectual property, and/or passion for your work are involved, it can be easy to get lost in an irrational place. Speaking with a lawyer can help you determine whether your emotional reaction to the situation is legally rational or just protective.

After having a conversation with an attorney, the next step is to determine if you want to take the plunge and enter a legal battle to resolve your case. While there may be some situations that necessitate suing an organization, I have found that it usually isn't worth your time to spend the emotional energy that is required to fight for what is right. It is a sad, sad situation, but people in the arts are generally reluctant to go the lengths that it takes to protect themselves from wrongdoing.

The first reason for this is due to poor funding. This works on both sides. Rarely does an organization have the money to fight a legal battle. It is also rare that a dancer or choreographer has the funds to hire an attorney to represent them. Beyond this, the dance world often lets go of minor issues, which is representative of the submissive nature of dance artists. Lastly, the dance world is so closely connected that if a dancer is to sue a company, other employers may fear hiring that dancer out of fear that they will sue their own organization.

Two examples that I am aware of with dancers suing companies involved two friends of mine. The first situation was when a dancer was representing the other dancers of a non-unionized company. When the organization decided to stiff the dancers on per diem from their international travels, this dancer contacted a lawyer and started working to help the dancers collect their contractually agreed travel pay. At the end of that season, the dancer was not reengaged and lost their job.

The second dancer I know who sued a company was put in a position where they were essentially forced to break their contract. They sought counsel to make the company follow through with paying the rest of their contract for that lost season. While I don't remember whether they won or lost that battle, I heard whispers from others in the new company that we were dancing with blaming that dancer for creating that situation. This seemed odd considering none of us were present in that company when things went down.

Challenging times can make one lose faith in the dance world; a place of beauty, perfection, and dreams. While the modernized world has a system for those who have been wronged to fight to protect their rights, the dance world sometimes feels like it exists on another plane. I don't feel that it is appropriate for me to guide anybody towards seeking counsel. Instead, I can provide information to help dancers and choreographers make their own decisions. I have always been an advocate for dancers and choreographers to protect their rights. This would lend me to offering the advice to fight for them. At the same time, there is a great deal of time and emotional energy that must go into legally resolving situations. Consider how important the violation of your rights is to you and the amount of yourself you are willing to put into a legal battle. Also weigh the possible repercussions, fair or not, that you may experience for trying to protect yourself. While this dance world isn't always fair, it is our passion. And sometimes you need to give up a little of yourself to share in this beautiful place.

It is beautiful, isn't it? (A local sculpture in Philadelphia)

Clearing up the fear of going to classy events

Attending a gala fundraising event for Alaska Dance Theatre w/fellow ADT dancer Sarah Grundwaldt

One of the most interesting things about being a dancer is that you, at times, get to experience the life of luxury. While most dancers can barely afford a modest 1-bedroom apartment, a car, an acceptable computer, and a few dinners out a week, they are expected to dip their toes into the lives of the wealthy and act accordingly. I remember my first event at a donor's house when I was an apprentice with Houston Ballet. Everybody was dressed to the nines, holding a glass of wine in one hand, and grabbing hors d'oeuvres with the other. As I tried to find that balance between figuring out how to act and pretending like I had attended hundreds of these special events, I began my journey into adulthood and the life of a professional dancer.

Most of these events are greatly important to organizations that employ you and pay your salary. At these fancy venues, companies inspire interest and develop relationships that may eventually or already have funded programs, seasons, and artists like myself. While many artists prefer to sit in the corner talking to their friends and colleagues, it is greatly important as a dancer and person that we learn how to reach out and properly conduct ourselves in these situations. For this reason, I have compiled a list of proper etiquette, behavior, and the best ways to approach multiple angles of these events.

- Always read the invite to make sure that you understand the time, location, and type of event.

- Different types of attire:

Casual - Wear something comfortable, but avoid t-shirts and inexpensive jeans that look worn, torn, or old.  Men - maybe a collared shirt or something that isn't a t-shirt. Women - A relaxed dress or nice slacks.

Cocktail - Wear something classy, but nothing like you would wear at a wedding. Men - no jeans, definitely a collared shirt or classy top. Women - same as men with jeans. Wear a cute dress that you

Baby version of me in cocktail attire.

might wear if you were going out with your friends. Add some nice jewelry for flare.

Gala/Black-tie - Men - Wear a suit and tie, blazer, or, if you really want to show off, a tux. Women - A very classy and nice dress or a fancy suit. More refined than something you would wear out on a Saturday night. 

- Arrival - I always love when the first person who shows up to a party is exactly on time. Unfortunately, having been to and thrown many events, I have seen the discomfort on that person's face when they realize they are the first and only person/couple there. If you aren't privy to break the ice with the host or have a conversation with more strangers than friends, being the first to arrive is probably not for you. I would suggest showing up about 30 minutes late if you feel this way. Within an hour to an hour and a half of the party starting, there is usually a speech or something important happening. Try to arrive by the end of the first hour at the latest. As long as you show up by a reasonable time, though, nobody will bat an eyelash at you. Just have an, "I had another amazing event to go to first," excuse.

- How To Act - One thing that most people are worried about is that they have to be on their best behavior. Yes, you have to be respectful to the host, come off as interested and knowledgeable about your field, and remain social. But you shouldn't change your personality, completely avoid disagreeing with a view/opinion, or worry about doing the wrong thing. Don't pretend to talk about something that you don't understand. If you don't understand, ask for more information on the topic. This will show you are engaged and eager to get to know somebody. In the end, while people at these events may feel elite, they are still human beings with concerns, faults, and eccentricities.

- Don't get wasted. If you accidentally go a little overboard, though, it is not the end of the world. Unfortunately, you will find that there are a few people at every major event that get a little too toasty. If this happens at each and every event, you may start to get looks and become the avoided one (maybe consider checking into AA). But nearly everybody at these events has had a moment. Just don't knock over any million dollar vases. And, of course, make sure that you have somebody to drive you home safely.

- While this isn't a requirement, most people feel most comfortable with a drink in their hands. If you want to slow down or don't drink, get something non-alcoholic. If you don't want to feel pressure from people, lie to them and tell them that your water is a vodka soda. Nobody will ever know.

- One thing that drives me nuts is how people get embarrassed about eating at parties, especially with a drink in their hand. If you are hungry, eat. Alcohol is often flowing at these parties to liquor up donors and convince them to donate money/relax and enjoy themselves more. If you don't eat, you may have one of those moments I was talking about above. There is nothing wrong with finding a corner where you can put your drink down to use your hands to eat. It can be difficult to eat at a stand-up party. If somebody asks you a question while your mouth is full, hold a finger up, laugh it off, and joke about it. There is no reason to be uncomfortable eating, as everybody is in the same position and it is not easy to eat with one hand free.

- Make sure that you don't venture into a part of the house that may be off-limits. Many donors have expensive items that they want to protect or they want to keep the party compact. You don't want to be the reason that a donor stops holding events at their place.

- While it is perfectly acceptable to spend some time talking to friends/colleagues, don't stand in a closed circle the entire time. Potential donors come to these events because it is their chance to feel like they are an integral part of an organization. If you aren't comfortable meeting donors on your own, grab a friend and walk around with them.

- To start a conversation, ask somebody how long they have been involved in an organization. My favorite go-to ice breaker when an event is directly after a performance would be, "What was your favorite part of the program?" While you may know nothing about each other, you at least have one common interest, dance.

- Don't talk about yourself the entire time. Donors are usually interested in hearing what a dancer has to say. But they usually connect with dancers that also express interest in what they do. Mutual interest is much more engaging than egotistical self-promotion.

- To exit a conversation, you can say that you want to mix and mingle more. If the conversation has become increasingly difficult to exit, it is easiest to excuse yourself to use the restroom.

- If there isn't a clearly marked end time, feel when the crowd is starting to dwindle. Try not to be the last person at the event, unless you know the person throwing the party or if they have engaged you in conversation. Keep an eye on social cues from people who are trying to be nice, but really want you to leave.

The only ways to truly embarrass yourself at a classy event is to become way too intoxicated or to completely isolate yourself with your friends and stay closed off in a corner while ignoring donors. Everybody has broken a wine glass, been approached with a mouthful of food, stumbled here or there, or made an off-the-wall comment. If you follow these guidelines while attending a high-level event, you should be fine. But if you read all of this information really closely, you'll find that most things are acceptable and that accidents do happen and are most often acceptable. Go prepared to be social and to enjoy yourself. Don't avoid these events. Not only can they be the most memorable events in the most amazing venues, but they can also form relationships with donors that may lead to friendship, promote your career, and support future work inside and outside a company.

Two close friends & donors, Ray Hoekstra & Dan Drummey, at Pacific Northwest Ballet's gala event in 2006