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)

How to Approach Issues Appropriately

Why do dancers remain quiet about most issues? (Photo: Bill Hebert)

While we all hope that the leadership of every job we take has the best interest of their dancers and their well-being in mind, this is unfortunately not always the case. In my history, there have been a few occasions where I have felt the need to directly address an issue with a director, staff, or choreographer. But when I do have to speak up, I try to think of it as a delicate art that requires timing, tact, lack of emotion, reason, and a predetermined (yet malleable) solution.

Spending three years as Pacific Northwest Ballet's union delegate taught me a great deal about addressing reasonable issues with a person that holds career power over you. As freelancers, we don't have the luxury of asking somebody else to take care of problems that arise while we are at work. For this reason, independent contractors need to learn how to take care of issues on their own.

The first thing that a dancer needs to do before approaching an issue is to determine whether or not it is valid enough to bring up. We must all acknowledge that there are many, many pieces that make up a dance company. An individual dancer, while valuable and important, is often only one small piece of a larger puzzle. For example, if somebody hurt your feelings in how they spoke to you in rehearsal, it may be better to approach that person directly, instead of calling upon the director to mediate. The director probably has more important things on their plate than dealing with every day interactions between employees.

While a handful of situations do not require the need to bring an employer into a conversation, a handful of items may need more serious discussion. While many situations feel like they need to be addressed immediately, that is rarely the case. As with most things, timing is everything. It is often best to wait for emotion to settle before entering into a potentially stressful conversation. I have overlooked and been involved in multiple discussions where emotions were still high. And unfortunately, a person seems less reasonable and logical when they are emotional in the moment, no matter how valid their argument may be. If a dancer would like to discuss casting or something that upset them, it is best to wait a few days to cool down before moving forward with any necessary discussion. This will make you appear more rational and help to avoid awkward unprofessional actions, like tears or yelling.

If you have waited a few days and still feel that an item deserves attention, I suggest that you do one of two things. Either ask for a meeting or email the person with whom you would like to speak a brief note. If you are planning on starting with a face-to-face meeting, make sure that you are prepared to state exactly what you want to say as quickly and clearly as possible. Know that there will likely need to be compromise on the table, but don't feel that you have to be completely submissive to keep a positive working relationship. Dancers are taught to submit. I have seen artist friends that are determined to finally stand up for themselves leave important meetings with their tails between their legs and zero resolution because they simply agreed with everything that was spoken to them in their meeting. The second that the boss starts speaking, they become timid and fearful to disagree. Be prepared for discomfort. Don't push too hard, but don't allow somebody to walk all over you. Especially, when it is something that means a lot to you or could be detrimental to your well-being.

I always prefer to send a preliminary email to address my concerns and follow up with a meeting. This allows me to state my case without the distraction of my nervous, spontaneous reaction to an uncomfortable conversation. This can be a tricky task due to the fact that once an email is sent, it can't be retracted. You want to make sure that you say exactly what you mean and want to say. It is important to keep in mind that an email can be used as evidence against you if you are not wise about your word choice and the information that you put into writing. When I need to bring something up, I like to draft my initial email and let it sit for awhile. This usually allows my emotions to settle and gives me a chance to edit with a more rational mind. I also try to ask somebody that has no stake in the circumstance to review what I write before sending it out.

Emails that I have had to write tend to start with a greeting, followed by an address of my concern/distress, actual examples of the issue, and a request to meet in order to resolve the problem. These correspondences are always very matter-of-fact, lack any direct accusations, lack any emotional or angry tone, and, if possible, offer a resolution. I find that a simple email can resolve most issues without even having a one-on-one discussion in person.

If an issue is not fixed through one of these channels, a dancer really only has three other options; deal with it, continue addressing the problem, or quit. The most disappointing fact to me is that such a high percentage of dancers just deal with issues of safety, conditions, schedule, etc. Of course, this is the easiest and most agreeable option, but I am an advocate of the importance for dancers to stand up for their quality of work, state of health, and free time outside of the workplace. Dancers are superior athletes that too often get treated and paid like slave labor. Respect and care should be expected, not a wish or hope. Of course, this is all within a realm of reason. In the end, though, the more that dancers stick up for themselves, the more this behavior will become the norm. For this reason, I think that continuing to address an issue is the most practical and important option of the three. If a request to speak with management is ignored, wait a few days and try again. If a dancer finds that they were talked out of addressing an issue during a meeting, they should approach the issue again to make sure that it is eventually resolved.  The last option on my list is extreme and an absolute last resort. In the dozens of jobs I have worked as an independent contractor, I have only considered quitting a gig once and this was due to a multitude of factors that were verbally addressed, but continued to be an issue after resolution had already seemed to be met.

Sometimes, you have to approach management a few times (Me & Abby Relic before Cinderella)

Working as a dance artist is a unique profession with a unique culture and even more unique expectations. While most dancers want to work in this field because they are wholly passionate about what they do, this fact does not mean that a dancer can be abused because an employer knows dancers will follow through no matter what. Often with masochistic excitement that they survived an unsafe or overwhelming feat. When it comes to safety, emotional abuse, injury, lack of respect for free time, requirements to perform non-dancer duties, or general happiness, a dancer should learn how to have an adult conversation with their employers to make sure that the organization's vision stays in line with a dancers physical and emotional prosperity. It is rare that management isn't interested in these items. It is only that they often have too much on their plate to be aware of certain issues. This is why it is the dancer's responsibility, especially freelance dancers, to find appropriate ways to approach issues. When this happens, dancers are not only happier, they are healthier and bring more value to a company.