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Hart Keene
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Eugene, OR
1486 Posts

Profile of Hart Keene
Stop working for tips. If you can't find a restaurant that will pay you then either move or go back to the drawing board. Oh, and whats up with an agency that gets you work for tips alone? You don't need an agency to book restaurants. Are you sure you are ready for this?

Check out my website:
Magician Portland Oregon
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Inner circle
1391 Posts

Profile of KirkG
By the way, assault doesn't have to cause bruses to be charged. What you are thinking of is battery. Always helpful to actually know the law.

Larry Davidson
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Potomac, MD
5267 Posts

Profile of Larry Davidson
Are we talking about criminal battery or tortious battery? That was a rhetorical question as I suggest that nobody practice law without a license. My answer to your question is simply to communicate. Ask the manager what the issue was.
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Central California
1793 Posts

Profile of kaytracy
Instead of considering the situation as one of requiring confrontation, why not try looking at it as an opportunity. You need to gat some FEEDBACK from the manager as to the issue or problem they were refering to. When they provide it, be sure to listen, and try to work towards a place of compormise. It is also 100% correct for you to give the manager feedback about being grabbed, and how that does or does not work for you.
The aspect of working for tips, etc. I leave to the others.
Understanding requires communications, and that is usually a two way street.
There may have been any number of "things" going on, and without asking the question, you cannot know the correct answer.
It is always easy to get angry and confrontational, or in someone's face. You alone get to control how you behave. While you cannot control how the other person reacts, you can influence it with your approach.
The example being that when you got grabbed, it upset you! Had the manager walked over, waited till you finished a set, and taken you aside to speak with you, your reaction would likely have been a bit different.
Good luck!
Kay and Tory
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Loyal user
Las Vegas, NV
209 Posts

Profile of Jonathanmc
Wow, I'm out of internet range for several days and this is what happens.

Thanks for all the feedback. First let me say that as a former grade school teacher I do not do blue or offcolor humor when children are around. (Just wanted to set the record straight on that)

Patrick I believe it's "quid pro quo", "quip pro quo" would be one joke for another (Sorry I couldn't resist that one.) Thanks for the PM, I don't really want to make this a legal matter. I do appreciate the support though.

If I had been a paying customer doing magic for friends I was with at a table and the manager had grabbed me I would have called out the national guard. I did talk to my agent and she thought that I handled it well and that it was funny. (I don't agree that it was funny but am glad that was her take.)

I wish I could stop working for tips but as I am between mortgage jobs right now I need all the (cash) tips I can get.

Malini -- I don't see a post from MagiChris, did I miss something that got deleted?

Again thanks all for the feedback.
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Profile of KirkG
We aren't saying don't accept tips, but that it would be better, if you are good enough, to work for enough money you don't need the tips and then the extra tips are gravy. To that end, start looking for another restaurant that can appreciate and afford you.

Patrick Differ
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Profile of Patrick Differ
Too late for an arrest. For a misdemeanor charge, the law requires that the person doing the arrest (police officer or citizen) actually witness it. The police can't arrest now because they cannot witness the event. The arrest could have been made on the spot by a citizen, but YOU BETTER BE CAREFULL MAKING CITIZEN'S ARRESTS. Escalation of Force becomes a HUGE issue here and to do it legally and in a manner that will CYA (cover your assets), a lot of training is required. My honest advice is to let it go, and chalk it up to experience.

I'm glad nobody wants to make a legal issue of this. The reason I walked in so strong on this topic is because I want you all to know what your rights and responsibilities are in these types of work situations. Check the laws of your state to see how this abuse is defined. In Nevada, it is Battery. It is also Hostile Work Environment. These are both criminal acts. You don't have to tolerate either one.

Besides, Quip Pro Quo is more fun! Good eye!
Will you walk into my parlour? said the Spider to the Fly,
Tis the prettiest little parlour that ever you did spy;
The way into my parlour is up a winding stair,
And I've a many curious things to show when you are there.

Oh no, no, said the little Fly, to ask me is in vain,
For who goes up your winding stair
-can ne'er come down again.
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Profile of mentalvic
Nobody ever has the right to grab you-- at least not for doing what you were doing.

You can file a police report after the fact and use that to swear out a warrant. I would also suggest that you speak to an attorney.

I've been in similar situations and I get so irked when petty little tin gods like the manager you described try to throw around their weight because you make them feel inferior or because they want to show everyone how important they think they are.

I've got three cardinal rules that I live by and expect others to monitor as well:

1. Do not touch me unless we're playing.
2. Do not attempt to convey displeasure with me using voice tone in lieu of words.
3. Do not get involved in my business unless it affects you directly.

As I can tell, this woman violated the three cardinal rules I use to determine what is and what is not civil behavior. Once someone cross that line, I'm free to release my inner ape and start pitching the proverbial dung about the place.
There she was, a dodgy old prune in a tiara, rushing at me waving a sword. Do all knights suffer this whilst being made?
Review King
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Eternal Order
14446 Posts

Profile of Review King
Exactly. The manager was a clown. Thinks he can grab poeple to get them to do what he want. Go to an attorney and sue the COMPANY for him assulating you. They'll can him pretty quick and settle out of court!!!!
"Of all words of tongue and pen,
the saddest are, "It might have been"

..........John Greenleaf Whittier
James Munton
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Inner circle
Dallas, TX
1199 Posts

Profile of James Munton

A couple of things interest me about your post.

First, who is this party company that hires you out to restaurants and doesn't pay you! Who pays them? The restaurant? How much are they getting? How many magicians do they have working for them? The reason I ask, is it sounds like this company is doing you and your local magicians a major disservice. You should be able to get $100-200 working a couple of hours at a restaurant. It sounds like this company is making it difficult for magicians to do that.

There have been threads on the Café about how to get a paid restaurant gig in the past. It is not difficult. Get a list of family restaurants in your area. Call and find out who is the general manager at each one. Send him/her a letter. Follow up with a phone call a few days later to arrange a meeting and a free one-hour of magic so they can check you out. Ask for a weekly gig and negotiate a fee. Easy!

Never work for tips. It 's not good for you and it's not good for the other magicians in the area who are trying to make a living.

Finally, you need to think about your loud voice. I hope you don't take this personally, but you reaised the issue and this is going to have a major impact on your ability to get paid strolling gigs in the future (and getting repeat bookings).

You need to really think about this. Being a trained opera singer shouldn't have anything to do with it. If you are a trained singer or actor then you have the ability to CONTROL your voice.

This is about being aware of your surroundings. If people continually tell you that you are too loud then you need to really think about why.

A strolling performer (whether in a restaurant or corporate setting) needs to blend in with the surroundings, not stand out. When you perform, only the three or four people at the table should be able to hear you. Otherwise you are doing a stand up show and that is not what you were hired to do! Always be aware of the people around you. It doesn't matter how great your tricks are. Not everyone wants to see or HEAR the magician.

I agree with Pete...balloons have to be the most annoying thing in the world in a restaurant. I know guys do it, but that's just a personal peeve.

Sorry for your experience of being grabbed. I have no idea what I would have done. But hopefully, you have been able to learn from the experience.

I was once hired by a food company to do a promotion in a chain of supermarkets. At one store, the manager asked me to leave. She was a fundamentalist and didn't like playing cards!

Anyway, John. I admire you for being out there in the trenches and working!
I recommend you try my above advice and go get your very own restaurant gig. It sounds like you are now ready! Go get it!

Good luck!
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