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)

Contract Talk - Important Items to Have In Writing

My current contract with Company C Contemporary Ballet

I don't quite understand why, but most dance contracts that don't fall under the union umbrella are often pitifully executed when it comes to protections for dancers and, even, the employer themselves. Perhaps, low funding prevents companies from hiring lawyers to construct appropriate language. Or maybe there aren't enough people on staff to find the time to craft a proper contract. Whatever the reasoning may be, it is important to know what you really need to have written into an agreement as an independent contractor.

Sometimes, it can be an uphill battle getting a potential employer to put everything you need into writing. No matter what, it is important that you remain patient and get everything written in that you require. Without having all of your needs recorded, an organization is not bound to follow through with any requests beyond the provisions stated in the signed contract.

Most dancers haven't had much experience in contract negotiation and don't even realize what is important to them until they find themselves in a predicament. Since I have experience in both negotiating an AGMA contract and many of my own personal contracts, I would like to share specific items that I have found important to maintaining my comfort, a positive attitude, and protecting my body and pocketbook.


- Dancer fee:

You should always have your fee (salary) and the expectations of the roles you will be paid for written into a contract. If a company is performing a triple bill and a dancer is hired to perform in one piece, that needs to be written. If the dancer is being paid a flat-rate for whatever the needs of the company are, that needs to be in writing. I have seen multiple instances where a dancer is brought in to perform one role, then asked to learn another part. More often than not, the fee should be re-negotiated. If the employer says, "Don't worry...I will take care of you," your idea of being taken care of may differ from theirs. To avoid souring the relationship and maintaining respect, get the new rate in a new contract.

- Accommodations, Transportation, and Per Diem:

These items are an absolute necessity. Are you staying in a hotel or with a host family? If you are staying with a host, will you have your own room and bathroom? Are you being flown in? Will you be given a rental car to get around? Will you be responsible for gas? What about meal money? All of these items are pertinent to have in an agreement. Most of the time these things are taken care of without question. But if something goes wrong, you need to know that the company will find a reasonable fix. (Keep in mind that a dancer's culture and idea of appropriate may be different from the one they are being brought into.)

If you were supposed to stay with a host family and that falls through, a motel down the street from a strip joint isn't a reasonable replacement. I know a dancer that had to sleep on an air mattress in a common area of a house after the company lost their hotel sponsorship. Most companies forget that part of transporting an artist on-site is paying for their luggage. A dancer could bring only a carry-on if they didn't have to pack all of their dance clothes. It is the company's responsibility to pay for baggage (within reason). To ensure this is covered, put it in writing. If a dancer is housed far from the studios and given a rental car, should they have to pay for the gas to and from work? Again, know what you are getting yourself into.

- Rehearsal Schedules:

I have danced with many, many companies. And let me tell you, every company has a different idea of what constitutes a rehearsal week. Some companies only have one day off per week. Other companies change the schedule at the drop of a hat. At times, I have had 3 hours of rehearsal a day. While some organizations have had 8 hours of work daily. If you feel it is unreasonable to work 9 days in a row, make sure you have the work schedule written into the contract. Generally, I think that 2 days off a week (during rehearsal weeks) and 6 hours a day (not including warmup) is reasonable. Just make sure that a lunch break is afforded and that there is limited flexibility.

For some reason, directors tend to think that their stress and panic is more important than a dancer's ability to rest their hard-working bodies. I have experienced a panicked director adding an extra day of rehearsal or skipping lunch with little notice. If a schedule is put in the contract, the dancer has more control to say yes or no if asked to go beyond a reasonable work schedule.

- Non-dance expectations:

A few years ago, I was dancing at a Nutcracker gig in the middle of my season and performing an exhaustive 6 shows as Cavalier in one weekend. I was approached during the intermission of the first show by the director with a request. "We usually have the leads do a meet-and-greet after each show." I was already exhausted from performing the week before, traveled on my only day off, and performed in 2 dress rehearsals. The director was essentially asking me to add six more tasks to my workload. The next day I was, again, approached during intermission to come to a gala dinner event that same night. While it was their expectation of me to complete these job tasks, I wasn't made aware of these items.

Be sure to ask if there are any events, non-theatre performances, open rehearsals, etc. that will be expected of you. I always say that a dancer is much less likely to be a happy dancer if they are caught off guard with situations that they don't have any say in.

Also, if you are given a rental car, be sure that you you understand your responsibilities. I have been expected to transport other dancers during my time on-site.

- Footage and Photographs:

One of my favorite thing about being a freelance dancer is the access I have to performance footage and photographs. Few jobs that I have taken maintain copyrights on choreography and most have somebody taking photographs. During my 7 years at Pacific Northwest Ballet, I was rarely captured in any stunning photographs and had specific limitations to the footage I could access. In my nearly 3 years of freelancing, I have received an exponentially greater record of my dance career. To ensure that you receive copies of performances, get it in writing.

- Injury:

I struggle with getting this one into a contract. Being a dancer, I will knock-on-wood the moment the word is spoken. Nonetheless, it is important to have a backup plan in writing. While this is more important to the employer than the dancer, it can still benefit the dancer greatly. Different ideas are how a replacement will be found and how much a dancer will be compensated for the work already completed.

- Partner:

If you will be dancing with a partner, especially if you are male, it is important to know that you will be dancing with a partner that is a reasonable size for you (height and weight). A man that is 5' 8'' should not be expected to partner a woman that is 5' 9''. This is unlikely to be written directly into a contract (though it can be), but a conversation should definitely be had about this subject (in writing via email for your records).

While I love dancing w/Lindsi Dec (freshly minted PNB Principal), we're the same height

- Extras:

Additional items you may want to have written into a contract may include comp tickets, teaching company class or in the school, expectations of taking company warm up, company logo wear, gym memberships, yoga classes, physical therapy, and anything else that may be a reasonable request. 

Working alongside Nora Heiber, AGMA National Dance Executive, negotiating Pacific Northwest Ballet's contract

While most dancers hope that each of their gigs go off without a hitch, that is not always the case. More often than not, everybody leaves after a performance feeling pleased with the end result. But even in the best situations, small details can derail a very positive experience. Be sure to protect yourself, whether you are a dancer or an employer. The first job an employer has is to put a production onstage. In our world of art, where financial struggle is common, unfortunately, dancers are often the first to suffer when money gets tight. When putting on a production gets stressful, a director's first thoughts may not be about a dancer's needs and health. Lastly, while you may make a request that you would like to have in writing, it doesn't always show up in the final document. Be sure to read your contract completely to ensure that everything you discussed is in writing.

Is there anything that I missed that you feel is important to get in writing?