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Breach of Contract?

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theatreguy

Junior Member
What is the name of your state? New York

Hi All. I was recently terminated from a Musical Directing staff position (I would be in charge of teaching music to the cast, picking orchestra members, etc - and my boss would have final say over who was hired, I only made recomendations) I mention this because being a member of "Managment" came up in my termination.

I had a contract with the company which employed me and guaranteed me work for 9 months with 2 scheduled unpaid breaks in employment. If either party wanted to terminate the agreement the could do so by giving 28 days notice.

So far 5 paychecks have bounced out of 13 weeks of work---I know I'm stupid for staying but thats not the issue. The first time a check bounced I spoke with my boss and it was taken care of within a week and he asked me not to discuss that incident with anybody and i did not. Since then 4 checks have not cleared on their scheduled date and I mentioned this to an actor in the show to be careful - there was a banking issue but it was taken care of, and that he might want to wait till he comes back to cash it. My written contract never said I can't talk about anything like that with the cast, and my verbal agreement with my boss was only refering to the first time my check bounced, in my opinion. My boss found out about this and told me I was fired on the spot and I had to sign a termination letter for my own protection. After talking to other people I guess that I did not have to but I thought I did (I'm still relatively new to the business). In short it said at the end that if I were to discuss the situation with anybody that the theatre would sue me for Slander.

1) Can they do this?
2) Was I wrongfully terminated by not having 28 days notice?
3) Can I tell people about the experience I had here if I have the bank records to back it up.
4) Am I entitled to unemployment - the said they would contest it by saying i breached Managment confidentiality.

Any help would be GREATLY appreciated. Thanks everyone.
 


JETX

Senior Member
theatreguy said:
In short it said at the end that if I were to discuss the situation with anybody that the theatre would sue me for Slander. Can they do this?
Can they ask you to sign it?? Yes.
Can they sue you for slander for 'discussing the situation'?? Yes. After all, anyone can sue almost anyone else over almost anything.
Would they win?? No. The TRUTH is not slander.

Was I wrongfully terminated by not having 28 days notice?
Based solely on your post, it looks like it.

Can I tell people about the experience I had here if I have the bank records to back it up.
You can tell anybody anything you want.... as long as it is the TRUTH!!

Am I entitled to unemployment - the said they would contest it by saying i breached Managment confidentiality.
If you were a 'true' independent contractor, then no. If you were a true employee, an accurate answer would depend on the specifics of the document you signed.
 

theatreguy

Junior Member
So If It Was Indeed Wrongful Termination

Is there any point in hiring an attorney and if I did what sort of compensation could I possibly recieve....or would it be best to leave things as is and hope that I can get a good refrence from them if I need it (they said they would..i know that means nothing...but i think I have a better chance of getting oen if I left well enough alone)
 

JETX

Senior Member
theatreguy said:
Is there any point in hiring an attorney
Depends on what YOU want to do.

and if I did what sort of compensation could I possibly recieve
Presumably, you MIGHT receive pay for the 28 days you were not 'noticed' per the agreement.

or would it be best to leave things as is and hope that I can get a good refrence from them if I need it (they said they would..i know that means nothing...but i think I have a better chance of getting oen if I left well enough alone)
Of course, without knowing all the parties and what they might do.... no one can answer that for you.
 

cbg

I'm a Northern Girl
I agree that if the contract says you get 28 days notice and you didn't, that is a breach of contract.

I do not agree that it is a wrongful termination. A wrongful termination means it was illegal to term you FOR THE REASON THAT THEY DID. It does not relate to the mechanism of the termination.
 

BelizeBreeze

Senior Member
And I'm not going to agree or disagree. Simply put, a thorough reading of the contract would have to be undertaken to determine if, in fact, this was a breach or a 'for cause' firing which would be covered in most employment contracts.

But I do agree that this, in no way, represents wrongful termination.
 

JETX

Senior Member
cbg said:
I do not agree that it is a wrongful termination. A wrongful termination means it was illegal to term you FOR THE REASON THAT THEY DID. It does not relate to the mechanism of the termination.
You are correct. When I was referring to agreeing with the 'wrongful', I was meaning that the termination was not in accordance with the contract (which is the way I think the OP intended it). I agree that the termination was not wrongful in a 'discriminatory manner'.
 

theatreguy

Junior Member
Sorry - That Was My Fault - by Wrongful I mea nbreach of contract not a discriminatory dismissal. I should have made that clear. Thanks for your advice so far everybody.
 

cbg

I'm a Northern Girl
Sorry to be so picky, but since there are WAY too many people out there with a completely incorrect idea of what is meant by a wrongful termination, I thought it was important to clarify.
 

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