Fosse76 said: "While under the strict language of the law oral modifications are legal (on their face), the 'he said/she said" nature of oral contract disputes make them untenable and worthless. And considering that most written contracts have boiler-plate language prohibiting oral modifications, the New York State Appellate Division has upheld that oral modifications cannot be made to written contracts with such clauses. I'd be shocked if any performer had a contract without such a clause."
First of all, most contracts are oral and most written contracts have no language addressing modifications. Many contracts are orally modified. You have to understand that your head is in very formal contracts and most contracts are not, even when written. You go to the dentist and have a tooth pulled. There is an implied contract, nothing in writing. The painter comes to your house, gives you a bid and you sign it. That's a written contract. Then you decide you want the door repainted too. The painter says that'll be an extra $100. You say ok. That's an oral modification of a written contract. Of course the courts uphold written modification clauses in contracts; that was never open for discussion. And of course equity members do not have contracts without written modification clauses; that was never open for discussion. Also, of course, the whole issue is irrelevant because, as rehearsed, what happened for the pandemic is contractual to begin with.
"I never argued otherwise. And based on the nature of the business, I wouldn't be surprised to find language in the contract that permits a suspension. And it is correct that an employer or employee cannot terminate the employment as a result of the suspension (unless there is language addressing termination due to suspension). However, a contract suspension does not survive the original contract period. Assuming that all of the performance contracts on Broadway have expired, the "suspension" is pretty meaningless."
You misapprehend the situation. Contractually, the contract is suspended. Contractually, that suspension means the contracts don't expire on their original dates. (Hence the word "suspension."
Contractually, actors can terminate after a suspension of this kind. So the suspension is not meaningless at all. And there is no modification (oral or written) at all.
