Your First Job, Your First Contract
Your dream came true. You were offered a job. Now you're looking at a contract. What are you supposed to do with it?
A contract or agreement represents a "meeting of the minds". It is usually the result of negotiation between the parties, in which the requirements and demands of each are discussed, refined, and necessarily compromised. Your contract, however, is more likely to be handed to you without discussion, to sign as is or give up the job. Before making your decision, here are some questions to ask:
•What is the nature of the relationship created by the contract? Is it an employment contract or an independent contractor agreement? If you are an independent contractor, your taxes will not be with held from your paycheck and you will have to pay them yourself, probably every three months; you will not be eligible for unemployment insurance during layoff periods; and you will not be entitled to benefits like health insurance, retirement plans, or sick pay.
•If you are an employee, what benefits are provided by the employer? What benefits are available at your expense? Will the employer pay a portion, and if so, how much?
•What about union membership? Will you be eligible to join a union, or will you be required to join a union? Are union dues deducted from your pay check ("check off")? What are the benefits of union membership for you? What if you determine that there aren't any?
•Will the company pay for your shoes? Or provide them?
•Is the position you are being hired for specified and described in the contract? What are your duties? Will you be required to teach, for example, or take part in any public relations activities to promote the work of the company? Will you be paid for that? Are your hours specified? Can you be promoted during the term of the contract?
•Will you be able to teach anywhere else? Do guest performances? Will you have to clear it with man agement? If you don't, is it grounds for dismissal?
•What is the term of the agreement? How many weeks are guaranteed? Is the contract renewable?
•What are termination events? Can you be fired for cause? Without cause? Can you quit?
•What if the company breaks the contract? Are you required to submit to arbitration or mediation? Does the law of your home state govern the
contract, or the home state of the company? Will you have to sue the company in Federal court (much more expensive) to enforce this contract?
•What do you know about this company that's NOT in the contract? Have you heard gossip about how the dancers are treated? Have you read anything about its financial condition? Clashes between the artistic director and the board of directors? How will you be protected against a financial crisis? What if the company bounces your check?
Many states now have "plain language" requirements for legal documents, but contracts can be hard to read and understand. Even though you want this job badly enough to "just sign", you should know and understand what will be required of you. Best thing is to have a lawyer look it over with you. You may have access to free or low-cost legal services through a union or arts organization. Or you might want to ask your family attorney to do you a favor in exchange for tickets to your first performance.