You’refired!

“I’m what? But I have five weeks left on this project… When am I going to get the rest of my money? Okay, let’s start again – I don’t think I understand…”.

As a freelance director, at some point in your career you may be subject to early termination on a project by a production company, for a reason that has nothing to do with your performance in the job. It could be because the budget has run out, cost saving, or “we just don’t like you anymore”. 

If this happens to you, before you contemplate going to court, here are some options you can use, compiled by Directors UK Head of Legal Affairs Donna Thomas.

1. Take a deep breath

Being released early from a job is a stressful and emotional experience; try your hardest not to froth at the mouth screaming at the production manager in McEnroe-style suppressed rage. Take a deep breath, you don’t have to immediately respond. Ask them to follow up your conversation with an email setting out the reasons and terms as to why you are being released early from the engagement and what compensation you will receive in writing, in accordance with your contract. Hold on…is your heart beating out of your chest because you don’t have a contract?!

2. Ohhhhh %&*^…

Now…you know, and they know, you don’t have a contract. You have that stomach-boiling question: what do I do now? Fear not, a contract of employment can take many forms; as long as you have the key terms of your engagement in writing, e.g. an email, text, back of receipt or voicemail, this is enough to show that you have a contract, that you acted upon it, and it was agreed that they would pay you for your services. At this point, you can go back calmly to the production company and present your evidence of a contract, and the fact that you may have stood down other work (tell the truth, don’t be tempted to embellish the truth as they may ask for proof) and find out how they intend to compensate you. The production company may agree and offer you some money as compensation, or not. At this point this may develop into a dispute between you and the production company.

3. I have a contract: A+

Those of you who are lucky to have received a contract, even if it’s not signed you may still be able to rely on it. Pull out the agreement and read the termination and payment clauses carefully. The contract will probably tell you how much you have agreed to receive if your contract was terminated early. “But hold on, my contract is in Klingon”. If you can’t understand the terms of the contract, you can seek advice from a solicitor, or if you’re a Full or Associate member you can come to Directors UK legal services for help. Just email [email protected].

4. Write a business email

Once you’re clear about where you stand with the terms of the engagement and what notice period you should have according to your contract (and if you don’t have a contract at least you can rely on the initial terms that were agreed when you were notified of your termination), you can send a calm business email to your contact at the production company. Avoid any emotional overtures, stick to brief facts and state your case. Make clear that you would like your compensation as agreed or suggest a compensation figure and attach an invoice. They will either pay it or come back and say they don’t agree.

5. Speak to the hand

Your correspondence is probably with the production manager who hired you. Sometimes their response will be limited because (a) they just wish this would go away or/and (b) they may not have the knowledge or experience to handle this kind of query. If you find yourself going back and forth with no luck, it may be an idea to forward the email onto the production executive, or someone more senior such as HR or accounts, again clearly stating the issue, your contract (or evidence of contract) and your invoice. This usually does the trick, and you should either get an agreement to be paid, or at the very least you’ll have their attention.

6. It’s good to talk

Depending on your relationship with the production company, it may be a good idea to pick up the phone and have a conversation with the production manager or senior on the programme/film to discuss the termination. You may get a faster result on the phone rather than through copious emails. But remember whatever is agreed, ask for it to be confirmed in an email (i.e. in writing)!

7. Don’t raise your voice, improve your argument

Before you go all Harvey Specter on a production company, you may wonder whether or not it’s worth your time or money to go as far as court. Remember this is a personal situation and only you can decide how you want to handle it. If, however, the fire in your belly will not go out and you want to take this matter further, you can always contact us at Directors UK for additional assistance and guidance, or you can choose to take the court route. It’s your choice – but always keep your correspondence professional, succinct and polite.

If you are a Full or Associate member and you’d like to raise a query with the Directors UK legal services team, please contact them at [email protected]. You can also find a whole host of useful templates and resources in the Advice & Legal section.