Breaking Contracts

[microphone28]

Thoughts on breaking a contract with no outs? graemlins/bs.gif

[Pinkie]

You gotta give us more than that! Are you breaking to leave the business? Do you have a sick relative to tend to? Are you working in deplorable conditions? Are you leaving to take a better job in another market?

Generally, broken contracts follow you. But if your job sucks and you want out of the biz completely, they'll be more likely to let you go.

[ June 10, 2007, 10:47 PM: Message edited by: Pinkie ]

[tvcontract.com]

Talk to an attorney. Almost everything's negotiable, depending on your circumstances.

[overthehill]

Don't be a contract jumper. Your rep WILL follow you. Besides, the NEW station that hires you while you're still under contract at the OLD station, is in jeopardy of a lawsuit. And, aren't you a liar if you sign a NEW contract, while still legally under an old contract?

Hire the attorney. Consider the cost of the lawyer an investment in your future.

[tvdivah]

Contract jumper!!?? Life is too short. If you made a mistake or the situation is not what you thought ...then by all means get out of your deal. I know from personal experience that it will NOT follow you around and you WILL get another job...and probably a better one. Obviously, you will not sign at a new station until you are completely out of the old deal.

If it were the other way around and they were tired of you...I promise they would have no problem letting you go / breaking the contract.

Forge on...and be happy!

[ June 11, 2007, 02:14 PM: Message edited by: tvdivah ]

[nctvchick]

A contract jumper. Please!! Most stations won't hire you unless you sign a contract... one that is to their benefit. If you don't sign, you don't work. It's as simple as that. Only you can figure out what's best for your situation. Really, why continue to work someplace when you are unhappy? Life is to short. That said, it's best to talk with management. Maybe they will let you leave. If not, call a laywer.

[adam & doctor drew]

turn it around: let's say the station, 6 months into a 3-year deal, came to you and said "Hey we found someone else we like better. We want to break the contract."

what would YOU say?

[Roy Hobbs]

I'd say it sounds painfully familiar.

[WalMartNation]

Originally posted by adam & doctor drew:
turn it around: let's say the station, 6 months into a 3-year deal, came to you and said "Hey we found someone else we like better. We want to break the contract."

what would YOU say?I've seen this before in bad hires for anchors. 5 mos. in they "re-assign" the anchor to reporting duties and then let them go at the end of the deal.

To answer your question A&DD, if it happened to me, I'd say I made a mistake in signing with that shop and I'd want to get on my way asap.

To the original post... it depends on what type of deal your looking to break. If you're in a small market not getting paid sh|t to begin with, chances are your contract isn't worth the paper its printed on. If you're in a larger market where the station has, say, footed a big bill on your moving expenses, paid for clothing/makeup or hair services that saved you money, they might want some money back and could fight you if you try to break it.

Odds are they won't, it's not worth the trouble to hold an employee to a crappy deal... too much money or lawyers and also, what TV manager actually enjoys having pissed off people work for them? Not many outside of top 30 markets.
Everything can be negotiated... and as far as being a contract jumper... who gives a rip! If a station is willing to hire you, it means they don't care, as long as your old station won't sue THEM for hiring you.

[The Mockingbird]

If you're leaving the industry for a job that doesn't suck, they can't do anything to stop you, especially if you have a rank and file job with a boilerplate contract.

[New and improved...No Talent Hack]

Just be open and honest with your current ND...explain the situation, and if he/she's any kind of good manager, they'll work with you to get out.

I've broken a contract and it hasn't bitten me too hard, yet.

Best wishes

[SpxGrunt]

I've shown my contract to a lawyer who told me I shouldn't sign it but also added that several aspects of their "firing without reason" clauses would never stand up in court, so I have to agree with some here who say some of these contracts are worthless.

[MyracleMan]

Most times, a contract is only good as a non-compete if you're going to work for the shop across the street. If you're leaving the market for another job in media, chances are the shop you're in ill be glad to get rid of you. If you're leaving media all together, same. If you're tring to go to work in the same market for a competitor, expect a fight.

[adam & doctor drew]

Originally posted by WalMartNation:
</font><blockquote>quote:</font><hr />Originally posted by adam & doctor drew:
turn it around: let's say the station, 6 months into a 3-year deal, came to you and said "Hey we found someone else we like better. We want to break the contract."

what would YOU say?I've seen this before in bad hires for anchors. 5 mos. in they "re-assign" the anchor to reporting duties and then let them go at the end of the deal.

To answer your question A&DD, if it happened to me, I'd say I made a mistake in signing with that shop and I'd want to get on my way asap.
</font>[/QUOTE]right, but they still pay off the rest of the contract.
they don't leave the other party high and dry.

[WalMartNation]

Originally posted by adam & doctor drew:
</font><blockquote>quote:</font><hr />Originally posted by WalMartNation:
</font><blockquote>quote:</font><hr />Originally posted by adam & doctor drew:
turn it around: let's say the station, 6 months into a 3-year deal, came to you and said "Hey we found someone else we like better. We want to break the contract."

what would YOU say?I've seen this before in bad hires for anchors. 5 mos. in they "re-assign" the anchor to reporting duties and then let them go at the end of the deal.

To answer your question A&DD, if it happened to me, I'd say I made a mistake in signing with that shop and I'd want to get on my way asap.
</font>[/QUOTE]right, but they still pay off the rest of the contract.
they don't leave the other party high and dry.</font>[/QUOTE]No... they may not leave you dry in the wallet, but it can derail your career for a while.

In one instance I did see an anchor let go rather quickly... and it was after the probationary period too.

If you're going to break, have a good reason to.

[adam &amp; doctor drew]

2 different things, WN.

original poster talked about walking out on an existing contract.
you're talking about a station changing someone's duties (which they are allowed to do unless the contract states otherwise) in the middle of a deal, then letting the person go when the deal expires.

may not be great treatment, but it's totally legal.

there's a reason those contracts are 2 or 3 years in length---so they can get rid of you at the end.

it's not a lifetime contract.
they have every right, when a contract ends, to NOT give you another one.

[overthehill]

Those of you who think it's just fine to "walk away" from a contract before it expires are forgetting that your contract is a LEGAL document--a legal agreement between two parties--you and your employer. It's not just a piece of paper. Your signature and that of your GM make it a legally binding agreement to the terms of the contract. Ask any labor lawyer, no matter the language.

ONLY if the employer chooses NOT to chase you when you walk away, does the piece of paper mean nothing.

Sure either side can attempt to "break" the legal agreement, but only with consent of the other...and a negotiated settlement of the legally binding contract. You may have to pay something to walk away or your employer may have to pay you to break the contract early.

Don't just "jump" because you're unhappy and risk possible/probable legal problems. Companies don't hire attorneys to write these contracts if they tend to let people walk away from them.

You want out before the expiration date? Talk to your boss, to the GM. Explain your unhappiness, detail what's going on and request to be released. A much better tactic than having a childish "I don't care what I signed" attitude.

If you're really leaving the business for a non-TV, non-media, non-broadcast job, most boilerplate contracts cannot compel you to work there for the duration of the contract. When you leave TV news to join the circus, they cannot hold you to your employment contract. Requiring indentured service is completely illegal.

[ June 14, 2007, 11:31 AM: Message edited by: overthehill ]

[WalMartNation]

I realize it is a binding agreement... but the fact is, if you walk away, unless it's for another station in town, they aren't going to spend money on lawyers to keep you... only $$ to make you reimburse them for any moving or start up expenses.

Most of the time their are too many other candidates lined up for your job.

[reportergirl]

I think some of it depends on how much time you have left on your current contract. Even if your news director is amicable to letting you go, higher ups may not be. Consult a lawyer and prepare a list of ways the station may have broken their agreement to you. Also, prepare to be sued. If your reasons for moving on outweigh that risk, then go for it. I've been there, been sued (as was the station that knowingly hired me while "under contract"), and because of my wonderful attorney and proof of wrong-doing by the station, the case was dismissed. The station I broke my contract to move to was extremely supportive of me. It was well worth it. And as another poster said, speaking from experience, it hasn't followed me around. Good luck whatever you decide.

[NotImpressed]

Just don't break it. I have seen reporters pay up to 5 figures because they've done it. Really.

[Lazlo Toth]

Just remember:
a verbal contract isn't worth the paper it's written on.

[NoWay]

You should be fine as long as you're leaving for a job outside the business. If it's for another station, it may not be so easy.

[NoWay]

I am about to make the same move. I want to leave the biz for a pr position and my attorney says the only way they can come after me is for leaving before the contract expires--moving expenses and any other money they've used on me. He says the best thing to do is talk to the ND, explain the situation and hope they don't try to keep you. I'm scared too, I really want out--but don't want to get sued.

[YourMomsBox]

horror story from a friend:

offered BIG market jump 6 weeks before end of lengthy conract. New station won't hire unless old station agrees to let employee go... old station refuses to meet new station deadline.

Employee will likely lose new job - and old.

[qryche]

Remember, you're only one F-bomb away from getting a contract "out"! :D

[From the Right]

I'll never understand the "breaking contract" questions. It's a contract! You agreed to work x years they agreed to pay you for x years. I'm curious, if the station decided to "break" your contract would you sue or just say....ok, I understand....no problem? Don't sign contracts you're not willing to fulfill, it will save you a lot of trouble.

[The Mockingbird]

If you're leaving the industry, there's very little they can and will do, likely.

Now, if they paid you moving expenses, they might have stipulated they get those back within a certain time period.

Bottom line: if you're a 20k a year employee, they're not going to come after you unless it's easy. Do you have any idea how much a jury would be pissed off the big bad corp is suing you after finding out how much you made and your hours?

If you were going to work across the street, it'd be easy, their guy could type up a mean letter, and scare your new media corp, because they're likely as big of kitty synonyms as your own company.

Same goes if you're staying in the industry, but going to another town. It's relatively easy (if they know where you're going) to do that.

Now, one wrinkle: a lot of contracts call for arbitration for contract disputes. If yours has that in it, that probably means your corporation isn't the litigious type. Arbitration is designed to keep YOU from suing them, but it works in your favor, too.

[From the Right]

I'd be careful. Regardless of hours and pay a contract is a contract. Nobody is forced at gunpoint to sign a contract for 20K/year. A jury can feel any way they want but they have to find on the basis of the law. A contract states you will work for x dollars for x years...it's pretty cut and dry. Most contracts don't say, "we'll pay you 20k a year to do your job until you get tired of it or find something else."

Sure, some places may let you go work for someone else outside the business but legally I would think they're under no obligation. I'd be very, very careful and consult a good lawyer before trying to break a binding agreement between you and an employer.

[The Ump]

Contract or no, the station can't force you to work for them if you don't want to. Indentured servitude is not legal in this country.

What they could do is sue for damages if you break your deal, but they would have to prove and justify the damages to the court.

It works both ways: Unless you have specific language in your contract saying so, they don't have to put you on the air or even make you come in to work, but they would still be obligated to pay the balance on your contract whether they use your services or not, barring termination clauses your agreement may or may not have.

[NoWay]

I agree. If you're not happy, you should get out. In my case, I settle for X dollar amount a year because I was told I would get OT. But by the time I got there, budget forced cuts, people were fired, OT became non-existent. Now I'm struggling to make ends meet, especially with an agent taking a nice chunk of those little bitty checks. I wouldn't have signed if I had been told the truth. I'll miss the biz, but I can't make it on that salary. I still have a while on the contract too.

[From the Right]

I'm not saying to stay if you're not happy. My point is don't expect to get out free of charge. I don't have any idea what was promised you in a contract but I've never had a station promise me happiness. Ump is right, there's no such thing as indentured servitude but there is such a thing as a binding contract.

Sure, with a good lawyer any contract can be broken but it's not free. Any decent television station isn't going to set a precident that allows people to skip on contracts. One person leaves then the guy working weekend mornings is "unhappy" because they have to wake up early so they want to leave too. It's just not good business for a station to let people out of contracts because they're "unhappy."

If you sign a contract, be prepared to HONOR the contract just as you expect your employer to honor the contract.