# Trust and Regret: The Saga



## Timothy A. Samuelson (Jul 28, 2014)

So here I am. Unable to sleep for the third night in a row as my head is spinning and I'm experiencing a full spectrum of emotions every hour or so. I've decided to tell my tale. Whether you have advice for me, learn from my experience, or tell me I'm just unlucky is up to you. (while some advice would be greatly appreciated.)

I promise, I'll keep the saga short and to the point and apologize in advance for the humor. It seems to be my current method of coping. 

As most of you know from reading my posts, I've have been the TD for a new theatre for approximately 6 months and have fostered the project from conception all the way through opening and the run of the first show. The project had humble beginnings: a group of my friends - all skilled in different areas - deciding we were tired of the rules and regulations holding us back at the local low budget theaters. Several of us were also board members for a local community theatre who was searching for a new home at the time. Opening our own space just made sense. 

In the beginning, I thoroughly enjoyed waking up every day to go to work in "our" space. We started the project with a minimal budget. A set amount of money we all knew would not get us very far, but it was a good starting point. More money would come later as more people became interested in what we were trying to achieve. 

I'll skip forward a few weeks... We now had a space, a design, and were ready to begin. Shares in the company were divided accordingly amongst the 6 of us. Everyone's investment was monetary except mine. I was investing sweat equity and quite a bit of equipment. 

Now things began to slip off the tracks. As the only member of our group not retired or with a full time job, I was the one on site every day for the construction of the space. I was working with some low budget numbers but was confident we could find a way to get it done. This is community theatre, we always find a way to get it done, right?The first step of construction was to get the place cleaned out. The building we had acquired was built in 1921. It was originally a furniture store, followed by an office supply store, and most recently a housing site for the local branch of the Occupy Movement. The space was in rough shape. Wires hanging from the ceiling, every bit of floor, wall, and ceiling space was covered in graffiti, you get the picture. We received quotes from several cleaning companies that were all out of our budget. We decided on a friend of one of our investors who had helped him open two other businesses in the past. I feel this was one of our earliest mistakes. This individual was not licensed in any form of construction or contracting, but we hired him anyway (and against my wishes). Two days after he arrived on site, he was finished with the cleaning. I have to say, I was very impressed with what he was able to do and so were the other members of the board. It was decided to keep him on staff for the remainder of the construction for the odd jobs we knew were going to come up here and there. 

Here's where my authority began to come to question, and probably the worst week of my life. During the framing phase of the construction, the contractors requested a scissor lift (something I had been requesting since day one). I decided it was time to bite the bullet and rent one. We had a small portion of the budget set aside for incidentals for this very reason. By using my corporate account with the rental company, we were able to rent one for a month for only $375. The board was adamant that they would not be paying for it. After a month of use by all kinds of contractors and workers, that cost came out of my pocket. I didn't begrudge them for this as none of the budget was provided by me. And that small of a cost out of my pocket was absolutely worth it in my mind. The second thing to happen that week was the decision to remove me from the list of shareholders. We had decided to open a bar in the lobby of the space and as I was underage, it was decided to remove me from the list of owners in fears it would harm us in the license application process. I understood this but requested that I begin to receive compensation for my work as I would no longer be receiving a dividend out of the profits. Payment for work began immediately and all was well (as much as it could be). The day following this decision, the framers discovered a break in a structural beam on a balcony that wrapped around 3 of the 4 exterior walls. They quoted us for the repair of the beam, and told us they would not frame upstairs until the beam was repaired. Some background on the situation; this was a 6"x10" solid wood beam that snapped all the way through. After seeing the damage, I wasn't comfortable walking upstairs. The following morning, we arrived to discover that our non-contractor friend had "repaired" the beam. Another of the owners showed up on site to tell the framers that they were no longer needed and to get the f*** out. They were also informed that they would not be receiving their final payment as the job was not complete. At this point, the situation was out of my hands. From that time forward, it was decided I didn't possess the knowledge necessary to run the site on budget and the owner who confronted the framers would be the new coordinator until construction was complete, a placement that I approved of as my dad had had a heart attack a few days earlier and I felt I should spend some time with him. 

Fast forward through several months of minor arguments, typical hiccups, and a lot of work being done in a short amount of time. 

Opening night approached faster than anyone thought it would. The construction was not complete and the bar hadn't received its permit. Looking back, I have a feeling that we hadn't passed inspection prior to opening and were choosing to ignore it. On opening night, it was decided that I would not be receiving my weekly payment and would be switched to salary. My salary would be the payout of my original value of shares. It just wouldn't be referred to as a dividend. We ran our first production with only a few speed bumps, however we did not have the audiences we were expecting. 

Now it was time for Hell to reveal itself in the form of greed, spite, regret, and fear. The next Monday, I was awoken very early in the morning by a call from the police department. Our building had been broken into overnight, and the police needed someone to come do a walk through to tell him if anything was missing. I live about 30 minutes from the theatre and another board member lives only a few blocks. I couldn't figure out how I had receive the call and not anyone else as I was just an employee. This enraged several of the other board members that I was chosen as the primary contact. It turned out, the officer recognized me from an earlier report when he checked the website and saw my bio. Following the break in, I suggested we invest in some cameras or a security system as we had quite a bit of alcohol and equipment in the space at all times. Three days later, I was accused of misuse of the space and theft of property. The accusation was that I had thrown a Fourth of July party in the bar without asking anyone and my guests consumed a large amount of alcohol without paying for it. I resented this acquisition as I was with out of town family and friends at the time of the alleged party. At this point, I told the other members of the board that I would not return to site until the allegation had been resolved. The show running in the space was a three week rental by another company so my presence wasn't absolutely necessary anyway. I waited, and waited, and finally received notice of termination on Thursday morning.

My notice was received in the form of a text message from the President of the Board and the primary investor in the project. It read, "The board regrets that we must terminate you in the position of Technical Director because of projects left unfinished. Please remove any equipment and tools you have in the space asap." Following this message, I requested a phone call. I waited several hours to no avail. I then placed a call that was ignored. Following the ignored phone call, I replied in text message, "While I understand the decision, there are several issues that need to be resolved. 1. I need to receive payment for the 4 weeks of work since being switched to salary. 2. I need an official notice of termination to apply for unemployment. 3. I will be there Friday morning to retrieve my items and turn in my keys." I also added that as my equipment was in use for the current show which did not close until Sunday, I will be happy to rent the items for the remaining weekend of the run. The response I got was less than friendly. This response was sent as a group message to me and the other board members. "You are not and never were an employee...we owe you no money...you were never hired to be payed...since you weren't an employee, we don't owe you a form of termination so you can receive benefits...you can retrieve your items on Monday when we are available to assist..."

So here are my questions:

1. Do I have grounds to charge the rental of my equipment? (I feel like Monday was their earliest convenience because they knew they needed it for the show)

2. What path of logic do you hire people to not pay them? (If you know the answer, let me know. It'd be great to hire the employees of my production company without paying them.)

3. What course of action is available to me to receive payment for those 4 weeks? (I own my own company and have a kid on the way. I turned down a large job because it interfered with the show. Also, why on God's great earth, would I spend a month of 60 hour weeks at the theatre for no pay knowing that I have a child to support in the very near future?

4. Should I regret the decision to litigate if it ends with the closing of the space? (While I am biter at the moment, at one point, it was a dream come true and it truly is a blessing to the local culture)

5. Has anyone ever been in a situation similar to this? If so, how was it resolved?

I was never in this project for the money, but with a family to support, some money needed to come out of it just to justify the time and stress involved. Any advice anyone has would be greatly appreciated. I'd really like to get this resolved and in the past so I can start sleeping at night again.


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## MNicolai (Jul 28, 2014)

A verbal contract and understanding is still a legally-enforceable contract (at least in most states) -- it's just harder to enforce than a written document that can be placed in front of a judge.

Time for you find a lawyer and put them to work, and the first thing they'll probably tell you is to cease discussion of this matter in a public forum. Most lawyers worth their salt will give you 30min or so, free of charge, to state your case and figure out if they're a good fit for you. Whatever you do, I'd recommend you do it fast. Get a lawyer early in a matter such as this and they have a much higher change of being effective. By that I mean, start calling around and setting up a couple appointments bright and early this morning.

Consider the possibility that they don't even genuinely believe you did what they allege you did, and that they're banking on you putting your tail between your legs and sauntering away as a convenient way to use your blood, sweat, and tears to their advantage without having to pay for it. The way you end this is getting a lawyer involved. A good lawyer can even make this go away without having to spend any time in court (a phone call from a lawyer can go a long way).

Also be aware that you may need to litigate on grounds of defamation. If this meets the grounds of defamation, you may be in a much better legal position since you appear to be readily able to contest where you were when the alleged theft happened. You also want to make sure you come out of this with your name cleared. Matters such as this in community theaters tend to become public fast, and when they do, reputations are tarnished and it can become increasingly difficult to seek employment elsewhere, especially in an industry as small as ours.

This isn't captaining a cruiseliner. There's no honor in going down with the ship. It's about making next month's rent and being able to pay for groceries. Do what you have to do to the extent that this is worth it for you. Aside from the monetary losses you stand to suffer, there's also your reputation and ability to become employed again to consider. Fair chance you won't walk away with what you had planned on walking away with from this venture, but you can at least try to suffer fewer losses than if you just walk away from it.


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## MNicolai (Jul 28, 2014)

Couple things you may be interested in...

Short podcast about how to hire a lawyer (starts about 9min in):
http://www.muleradio.net/rftl/21/

Another short podcast about when to hire a lawyer:
http://www.muleradio.net/rftl/62/

Talk about having a lawyer, contracts, and getting paid for work you did, featuring the lawyer from the above podcasts:


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## MNicolai (Jul 28, 2014)

You may also want to consider small claims court: http://gotyourbackarkansas.org/resources/legal-resources/guide-to-small-claims-court/

A lawyer may help you get this taken care of quickly and without going to court, and may have a higher chance of success. Small claims court may be more drawn out, and self-representation can probably get you as far as proving you didn't do what they alleged, but may not get you as far as to prove you were an employee instead of a volunteer.


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## Timothy A. Samuelson (Jul 28, 2014)

Thank You! My head is still spinning from this whole experience. It's not the money, it's not the time, it's that these are people that I considered family even long before we all went into business together. One of them introduced me to my wife. I wouldn't have gotten my business started without another one of them. I just don't see how we can go from all being a family to this. One of the parts that really got me was that they wouldn't give me a notice of termination for unemployment. Yes, the text message can serve as that, but why would they feel that I shouldn't qualify for benefits? They all know I've got a kid coming next month. We were gonna name it after one of them if it was a boy. Kinda glad it's a girl now. Honestly though, I am grateful that this happened before she got here. Now I can sulk and lick my wounds and get back to normal before she even meets her dad. I'm meeting with a couple of employment lawyers today to see if I've even got a case.


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## MNicolai (Jul 28, 2014)

Termination of employment implies you were employed. If they can argue you weren't an employee, they can refuse to pay you, so from here on out the story they have to tell is one of you not being employed there. That said -- they'll have a hard case to make if they want to argue that all of your services you provided were out of the kindness of your heart without any understanding in place you'd receive compensation for your time and efforts.


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## Timothy A. Samuelson (Jul 28, 2014)

That's what seems to get me and why I think I've got a pretty sturdy leg to stand on. They felt the need to "terminate" and that is the word they used. There was also a statement, "You were not hired to be payed," Then why was I hired? I'm also listed on their website, playbill, and Facebook pages. While I absolutely hate the technological world we have become, I'm somewhat glad that almost every conversation had amongst the group was over text message. Also, That video answered a lot of my questions for future work. Thank you for posting!


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## MNicolai (Jul 28, 2014)

Could be someone honestly thinks you did what's been alleged. Could be this is a convenient way to get out of paying you for services rendered. Could be all along that they considered you expendable, or this could all be one person's conspiracy theory that they've sold the rest of the team on or pressured the rest of the team into. 

It's all a bit of a moot point though. Doesn't really matter what their motives were. Time to dissolve this business relationship, quickly and judiciously, and move on to the next project.


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## len (Jul 28, 2014)

Sorry to pile on, but the only recourse you have is to get a good lawyer.


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## Amiers (Jul 28, 2014)

len said:


> Sorry to pile on, but the only recourse you have is to get a good lawyer.


A man of many words.


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## Timothy A. Samuelson (Jul 28, 2014)

No apology necessary! Piles of advice are a lot better than none at all! Like I said, I've never had to deal with a situation like this. Boy am I learning fast!


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## len (Jul 28, 2014)

Timothy A. Samuelson said:


> No apology necessary! Piles of advice are a lot better than none at all! Like I said, I've never had to deal with a situation like this. Boy am I learning fast!



Sadly, the big lesson here is TRUST NO ONE until you get it in writing. Even then.
Although it may not have been, this quote is often attributed to Hunter S. Thompson. Directed at the music business, but it applies to anything involving the arts: 
*“The music business is a cruel and shallow money 
trench, a long plastic hallway where thieves and 
pimps run free, and good men die like dogs. 
There's also a negative side.” *


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## StradivariusBone (Jul 29, 2014)

I don't have any advice to add, get a lawyer was the first thought that came to mind, but I did want to say good luck. I left teaching music after several years of difficult working relationships with a couple employers (not to mention the other parts of teaching that suck), but if you can walk through the storm and know you are doing the right thing it will make all the difference at the end. Hope it gets better!


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## Timothy A. Samuelson (Jul 29, 2014)

Thanks everyone for the advice and best wishes! I've acquired a lawyer and plan to take this as far as I can. Now to buckle down and find some work! If anyone's hiring, let me know. I'm happy (and kinda wanting to) relocate!


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## Jay Ashworth (Jul 31, 2014)

Right now -- right this minute -- go print out all those webpages that mention you on paper, sign and date the paper.


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## Timothy A. Samuelson (Jul 31, 2014)

Way ahead of you Jay! I did that immediately following the termination conversation. Websites, text messages, and I still have my copies of meeting minutes and official documents (business plan, applications for permits, shareholder's information, etc.)


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## NickVon (Sep 5, 2014)

just curious if there's an update on this. I love Lawyer'y stuff. I'm a closeted Judge Judy/Peoples Court watcher.


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## Timothy A. Samuelson (Sep 16, 2014)

There is! Sorry I've been away from the Booth for a few weeks. School starting, contracts nearing completion and baby prep has had me swamped. 

I have ultimately decided to not pursue the issue any further. (but after hearing yet another rumor about me today coming out of the place, I might change my mind.)

There are several reasons for my decision...

1. There was never an official contract. Everything was verbal agreements. While they are accepted forms of contracts, I hate the "he said she said game." I've learned my lesson on that one. 

2. With the multitudinous violations of different codes (fire, building, ABC, OSHA, etc), there is no way they will be able to stay afloat much longer anyway. 

3. The community theatre community in Little Rock is so tight knit that most of my "friends" knew I had been fired before I even did. I don't want to become a bad guy and let it affect my relationships with others

4. Here's the emotional one... The community theatre has always been (in my mind) a sanctuary for anyone who needed it. Who am I to destroy what was at one point a tremendous accomplishment for the community? How would I have felt if a disgruntled employee had sent my home theater into bankruptcy when it was the safest place I could go as a kid? Where would I have ended up? 

5. Finally, I just don't feel like dragging it out. I was able to accept a dream job that had been offered to me a few weeks prior to the entire incident. I have never been happier than I am now. I'm getting to teach, which is what I had always wanted. My new job has plenty of time off which has allowed me to really focus on getting my business more solidified and allows me to be home more, which is something that will be important when that baby gets here in the next few days. 

As far as their rumors are concerned, people within the community are starting to see the real situation. I've moved on. I've never spoken ill of them to any other professionals in the area. I've tried to maintain a clean battle and eventually just dropped the battle all together. Yet here we are a few months later, and they still feel the need to slander my name to anyone that walks in the door. I have been told that they fired the second TD since me this week. I won't go visit the space. I really try to avoid driving by it at all costs, but as far as I'm concerned, it's in the past now. 

I am extremely grateful for the lessons learned in my time there. There were days I was able to hire my brothers to come in and help with some of the construction. I wouldn't trade those days for anything. I learned lessons that I wouldn't have gotten anywhere else. I made great connections within the industry that have benefited me tremendously since the separation. I even learned a lot about myself over the course of my employment there. I learned where some of my limits were. I improved my organizational skills, I became more comfortable holding the title of Technical Director and realized that maybe I wasn't ready for that promotion yet. 

I apologize if that wasn't the type of update you were expecting. Believe me, a year ago, I'd have been after them with torches and pitchforks. But alas, I have bigger and better things to focus on. Hopefully I'll get to introduce everyone in the Booth to Rachel Elizabeth Samuelson here in a few days. That's where my focus is. Not on a group of washed up actors that tried to make their own rules.


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## JohnD (Sep 16, 2014)

I am so glad you are moving on and taking the high road. A couple of well worn bits of advice, first is a favorite of the 12 step programs:
Let go and let God
and from either Dear Abby or Ann Landers:
Time wounds all heals.


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## StradivariusBone (Sep 16, 2014)

Timothy A. Samuelson said:


> Hopefully I'll get to introduce everyone in the Booth to Rachel Elizabeth Samuelson here in a few days. That's where my focus is. Not on a group of washed up actors that tried to make their own rules.



Congrats in advance and best wishes for a happy baby who likes to sleep! Becoming a father is the best thing I ever did with my life. It makes you take the crap of everyday life into perspective and helps you realize that sometimes it just doesn't matter because you get to go home to the squishy-faced stink machine.  Everything else just takes a back seat.


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## NickVon (Sep 16, 2014)

This sounds like a great ending to this epic ballad. I'm happy everything is going well. Thanks for the Update!


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