Cabaret Rulebook 07-11 - Actors

(2) Termination. Term Contracts may only be terminated in accordance with Rule 49(N),
REHEARSALS, or Rule 51, REPLACEMENT OF ACTOR. At least two weeks before the
expiration, the Producer shall notify the Actor of Producer's intention to renew the rider
under the same or better terms, or to offer the Actor a Standard Minimum Contract under
terms and conditions to be negotiated. Should the Actor and Producer fail to agree upon a
renewal or on such terms and conditions, then employment will terminate on the Term
expiration date.
(D) Just Cause.
No Actor engaged under a Standard Minimum Contract may be terminated except for just cause.
This provision shall be applicable commencing two weeks after an individual Actor's first paid
public performance. This provision shall be applicable to Understudies and Swings commencing
either two weeks after an individual's first paid public performance or five weeks after the date of
first employment, whichever is later.
(1) 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:
(a) The Actor must have received prior written warning alleging failure to perform as
required, which warning must also be served upon Equity.
(b) Such warning may also be in the form of "notes" which are reduced to writing.
(c) 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.
(2) The notice of termination may not be served unless the Producer, Director,
Choreographer, Musical Director, or other person with the authority to terminate
employment has seen the Actor in performance within one week prior to the notice of
termination.
(3) In the case of an Understudy, notices may be based upon the Actor's work in
understudy rehearsal rather than in actual performance.
(4) Following the service of the notice of termination, Equity may investigate the basis of
any discharge. If Equity decides to challenge any discharge, then the matter shall be
submitted to arbitration in a manner provided in Rule 5, ARBITRATION.
(5) Should an arbitrator determine that the termination was without just cause, the arbitrator
shall provide a remedy in accordance with the following: Damages calculated at one week's
contractual salary for each five weeks' employment under the Cabaret Contract up to a
maximum payment of 15 weeks' contractual salary (based on salary at the time of
termination). In no event shall damages be less than two weeks' contractual salary.
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