A few months ago one of the ADs I worked with for the past two years moved to a new location. A couple months prior to her leaving her position at an upscale assisted living center she booked a half-dozen jobs for 2008. After playing the December job she departed for her new position, which may have been a mistake on her part. The person who eventually took over was previously a volunteer at the facility, a person that I had only had seen on a single occasion during the past two years.

In January, I was performing at a nearby location and decided to stop by and meet with the NEW AD. A lady, probably about 50 to 55 years of age, and with an attitude you cannot imagine, told me she was the Acting AD and she would talk with me. I was very curtious, opened my 2008 calander book and tried to verify the contracted dates for this year. The first thing she said was "Well, that was with the previous AD and with new owners and me as the interum AD you will have to deal with me." I politely informed her that I had already reserved the dates for 2008, and despite the fact the previous AD had left for greener pastures, the contract with the facility was still valid. I left, went to my nearby job and thought nothing more of the encounter.

I performed at this facility on Valentines Day, and just prior to the performance she called on at least three occasions to tell me that there were a couple residents having 60th anniversaries--no problem. I did the job, handed her my usual invoice, then went to the next job. Nothing unusual.

Today, she called saying that she was processing the invoice and it was for too much money, claiming she only agreed to $75 for the one-hour performance. I told her that I never talked to her about the amount, and the the contract for that date was made with the previous AD several months ago for $100. She became very irate at that point. Next, I told her that she also owed me $100 for the previous December job, an invoice that had been faxed to her as OVERDUE. She became more irate, claiming she never recieved the fax, yet at the Valentines Day job she said the faxed invoice was being processed and I should be getting a check soon.

At this point she said she was terminiating the conversation, and would likely terminate all future dates. I told her that was just fine, as long as payment was made for the contracted dates. She said "I ain't payin' for dates I didn't make!" I then asked her what part of the word CONTRACT she didn't understand? She hung up.

I have a job near the facility in another two weeks, and at that time I intend to stop by and talk with the facility administrator about the problem. I'll be taking a copy of the contract with me, which outlines the 2008 performance dates. Hopefully, this will end the problem, but maybe not.

My question is: Has anyone on the forum ever had to to take legal action for early cancellation of a contract? And, if so, what was the outcome? I've been in this business for a lot of years, but this is the first time I've had a problem along these lines.

Thanks,

Gary

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Travlin' Easy

Gary,
You'll have to proove loss. If you don't replace those dates, they are liable for them, but in all honesty .... it'll be more agg and $$$$ than the award you MAY receive.
If she's really a witch to deal with ... blow it off, and move on. You have no trouble selling your terrific services, so go where the pasture is greener.
Life's too short to fight.
IS she wrong? YES
Will you win? MAYBE
Is it worth it? Not in my eyes.

Gary.......if you have contracts for the 2 previous jobs......take them to the Administrator and show them what was contracted they are liable for those charges. The jobs she cancelled in the future depends on what cancellations clauses you have in your contract regarding how far in advance a client can cancel without being responsible for them eg: 60 days /90 days /120 days in advance etc.
Add that to what Dave said above & let us know how you make out.

Life's too short to fight.
IS she wrong? YES
Will you win? MAYBE
Is it worth it? Not in my eyes.

Wise words from Dave.

My regards,amigo
Chico

Yes, I have contracts for the two previous performance dates, and they were also sent invoices, so I guess I'll be able to collect on those two. The other half dozen, yep, you guys are right. I'll just write them off. She really pissed me off with her attitude, though. Life's just too short to mess with trivial things like this. Think I'll mix up a big margaretta.

Thanks guys,

Gary

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Travlin' Easy

When you talk to the administrator or higher personally convey the AD's attitude with you & hopefully she won't be there much longer or after strong a reprimand will have learned their lesson & begging you to return at a much higher price..

[This message has been edited by Dnj (edited 02-23-2008).]

Gary,

It seems the assisted living type jobs all have the same problem - turnover of employees. I have two now that I have to start all over with - same reason. At least mine have people who don't really want to make changes - just keep things going.

I agree with everyone - more trouble then it is worth -
Hammer

Gary, sorry to hear about your predicament. I trust you'll 'start spreadin' the news' to other performers in your area about this individual. Word of mouth works both ways.

Hopefully, when the residents get wind of why you haven't been appearing there lately, they or their families might start making negative noises about the witch woman - it's quite possible she's not winning any brownie points in other areas of her new job and will likely be moving on to somewhere else herself.

Hope things work out for you.

What Goes Around ... Comes Around!!!

Hi Gary,

I've only had one problem with an AD. I went to the administrator and it's been smooth sailing ever since. Occasionally I've run into a misunderstanding about a date and, depending on the facility, I've usually let it go.

Good luck,

Joe

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Songman55
Joe Ayala

Joe,

This is a first for me, and I will likely follow the same procedure by making a quick visit to the administrator. Seems like the logical thing to do.

Gary

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Travlin' Easy

A main reason I don't play nursing homes or assisted living facilities is the sleaze factor. I'm a member and benefactor of a group called Kentuckians for Nursing Home Reform and the data I have on "for profit" homes is shocking and disgusting.

I've been a primary caregiver for inlaws for over 15 years and have been dealing with these guys for about 10. You can't believe what I've seen.

I recently agreed to play an assisted living facility with the stipulation that the pay go to Bluegrass Animal Welfare League, another group I support that does free spay/neuters for the pets of those who can't afford it. the home came to me many times over the years and I decided to do it for BAWL.

No pay. Excuses about no funds, changing administration, etc.

I sued them for $150.00 and would do it again in a heartbeat. They paid when they got the legal notice. Thing is, when you dig just a little, most "for profit" places are like this.Statistics don't lie.

I simply can't be involved with the vast majority of these sleazebags! It's a national tragedy!


Russ

Russ,

You are absolutely right about the vast majority of these places, and new ones are springing up in our area every month. They take in huge sums of money for warehousing older people. My only gratification is that I can bring an hour of fun and entertainment to those, who through no fault of their own, managed to become old and infirmed. For the money spent on care, and I use that term loosely, for these individuals monthly, I could check into a great hotel in a Mexican resort hotel, have fantastic meals brought to me daily, have all my needs cared for, and have lots of money left over. The sad part is that I also see hundreds of wonderful people slowly going downhill and dying throughout the year.

Gary

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Travlin' Easy

Gary, it's a good thing you and others are doing. I just prefer spending my time working toward getting legislation adopted to fix the problems. The issues are inadequate training, no required background checks, no minimum staffing level requirements, resulting in understaffing, use of narcotics excessively to minimize care requirements, physical and even sexual abuse and other inadequate care/management issues.

I think this is an example of the worst people can be...a real tragedy.

I play one job a week and donate the proceeds to the cause. Last year I contributed over $20,000 this way. Actually, I could do a lot more, since I have the client make the check out to the group, which makes the fee a qualified charity tax deduction.

That makes me feel good!

As we say here, "There are over 35,000 forgotten Kentuckians in abusive/dangerous situations", and hundreds of thousands across the country who desperately need our help. The situation is WORSE in other parts of the world.

That makes me feel very BAD!


Russ

Two things:
1. I'll be interested to see how Gary comes out after talking to the general manager. He/She may honor the agreement, in turn, over riding the AD. That, in itself, can be a problem for employee/employer relations. (Not Gary's problem...but one management has to consider.)

Or, the general manager may go the "delegation route" giving the AD complete control of the entertainment decisions. The best Gary could hope for in that case is collection of unpaid invoices. In either case, I agree with other posters here, litigation is not worth it, financially or stress-wise.

2. I have become somewhat disenchanted with the nursing homes. Over the last two years I have seen a lot of turnover in staff and management. When I first started playing them I was favorably impressed by quite of few of them. Little by little the atmosphere has changed and a lot of the staff that work directly with the residents can't speak English well enough to converse with someone who has all there faculties, much less impaired geriatrics. I am seeing more glazed looks on resident's faces as they wait to be told what to do next.

I am not close enough to the situation to have observed any abuse or special courtesies extended residents other than at the parties I have played...so can't comment on that.

Eddie