(A) Written It is the essence of all employment contracts that all notices, Company and individual, must be made in writing. Copies of all notices must be filed with or mailed to Equity immediately by the party (Actor or Producer) giving notice.
(B) Serving of All notices to the Producer must be in writing and may be given to the Producer personally, the company manager, or the Stage Manager. Notice to the Actor must be in writing and given to the Actor personally, unless the Producer has obtained the address of the Actor as registered with Equity, in which case unless otherwise provided under the rehearsal provisions, it may be given by mail or telegram. All communications that refer to the Company in general shall be posted upon the callboard.
(C) Before Rehearsal Before the beginning of rehearsals, standard contracts may be terminated as follows:
(1) By the Actor An Actor may give written notice to the Producer at any time prior to three weeks before the reporting date on the face of the contract. During the three weeks prior to the reporting date, said Actor may terminate the contract
form of a certified check, cashier’s check, or money order, must accompany the termination notice in order for such notice to be effective.
(2) By the Producer The Producer may terminate the Actor’s contract any time prior to the reporting date on the face of the contract by giving written notice to the Actor and paying the Actor a sum equal to one week’s contractual salary multiplied by the number of weeks of employment guaranteed in the contract, but in no case less than two weeks’ contractual salary. Said payment must accompany the termination notice in order for such notice to be effective.
(D) During Rehearsal
(1) By the Actor During rehearsals the Actor may not terminate the contract; however, during the rehearsal period, the Actor may give the Producer written notice of the Actor’s intention to terminate the contract. The effective date of said notice shall be no earlier than two weeks after the first public performance.
(2) By the Producer The Producer may terminate the Actor’s contract any time prior to the first public performance by giving written notice to the Actor and paying the Actor for all rehearsal to date plus a sum equal to one week’s contractual salary multiplied by the number of weeks of employment guaranteed in the contract, but in no case less than two weeks’ contractual salary. Said payment must accompany the termination notice in order for such notice to be effective and is in addition to any amount owed to the Actor for work done to date. (E) Individual Termination After the First Public Performance
(1) Two Weeks’ Notice Either party may terminate the contract on or after the date of the first public performance of the production by giving the other party two weeks’ written notice. Once the just cause provisions [see (E)(2) below] are in effect, however, the Producer may only terminate the Actor’s contract for just cause. The just cause provision is in effect three weeks after the individual Actor’s first performance.
(2) Just Cause Except for the provisions of (E)(1) above or in the case of a Stage Manager temporarily replacing another Stage Manager on pregnancy leave, no Actor may be terminated except for “just cause.”
(a) Where it is alleged that the actor is not performing as required, notice of termination may be served only if the following procedures have been observed:
(i) The Actor must have received prior written warning alleging failures to perform as required, which warning must also be served upon Equity; (ii) Such written warning may be in the form of “notes” that are reduced to writing;
(iii) The written warning (which may be or include “notes”) shall be over the signature of the Producer, Director, Choreographer, Musical Director, or other person with authority to terminate employment.
(b) The notice of termination may not be served unless the Producer, Director, Choreographer, Musical Director, or other person with authority to terminate employment has seen the Actor in performance (in the case of
understudies, in rehearsal or performance of the part(s) understudies) within one week prior to the date of the notice of termination.
(c) If requested by the Actor in writing, the Producer must furnish the reasons for dismissal to the Actor and Equity in writing within two weeks of such request. Equity may then investigate the basis for the discharge. If Equity desires to challenge the discharge, the matter shall be submitted to Arbitration.
In the event just cause is not found, the arbitrator’s award shall be limited to monetary damages, which shall not exceed 15 weeks’ contractual salary.
(F) Company Closing Notice The Producer may close the company upon a one-week written notice or upon payment of one week’s contractual salary in lieu thereof, provided the Producer has paid the Actor for all services rendered to date, but in no event shall the Actor be paid less than two weeks’ contractual salary. [See also Rule 66, TERM OF EMPLOYMENT] The Producer shall post this closing notice before the curtain up of the last performance of the week preceding the closing week.
(G) Extension of Engagement – Standard Contract The Producer may state a contemplated closing date on the face of the contract. This shall not be considered a guarantee. Should the Producer extend the playing weeks beyond the contemplated closing date, the Actor, at the Actor’s option upon announcement of said extension, may terminate his contract upon written notice, said termination to coincide with the contemplated closing date as stated on the contract. Written notice under the above conditions may be less than two weeks. Should the Actor agree to remain for the extension of the engagement, a written agreement so stating shall be executed and a copy filed with Equity,
(H) Effect of Company Notice When an entire Company is closed in accordance with Paragraph (F) above, such closing notice shall supersede any individual termination notice then outstanding.
(I) Payment When the Actor Is Not Allowed to Work Out Notice If the Actor is not allowed or required to work out any notice properly given under the terms of this Agreement, the Actor shall be paid all amounts due immediately upon the giving of notice and may accept other employment.
(J) Rights After Giving Notice When the Actor Secures a New Engagement Should either party give the other any notice permitted under this Agreement which terminates the Actor’s contract of employment at any future date, and should the Actor have a new engagement, the Actor shall be permitted to attend rehearsals under the new engagement that do not conflict with the Actor’s rehearsals and/or performances under the Actor’s then-existing contract.
(K) Pregnancy [See Rule 33(H), ILLNESS AND SICK LEAVE: Pregnancy Leave.] (L) Actor’s Inability to Perform [See Rule 56, REPLACEMENT OF ACTOR]
68. TOURS [See Rule 14, CONSECUTIVE ENGAGEMENTS]