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Paying A Former Band Member

Discussion in 'Band Management [BG]' started by Kmonk, Dec 22, 2013.


  1. Kmonk

    Kmonk

    Oct 18, 2012
    South Shore, Massachusetts
    Disclosures:
    Endorsing Artist: Fender, Spector, Ampeg, Curt Mangan Strings
    About 6 weeks ago, we replaced a member of our band due to ongoing issues with him drinking as well as some other issues that he has in his personal life which were making it difficult for him to focus on the music. A few months ago he cost us a gig and then at the next gig, he was not able to perform up to what is expected. We decided to replace him and I informed him that he would be paid for the gigs that he did including the last one. I have reached out to him several times to try to make arrangements to get his money to him, but he has not responded. He mentioned that he was planning on moving to another part of the country and none of us know his present or former address. So my question is, at what point do we stop trying to get the money to him?
     
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  3. Now is as good of a time as any. Just put his money in the bank and wait for him to contact you for it - then give it to him.
     
  4. Joedog

    Joedog

    Jan 28, 2010
    Pensacola FL
    Sounds like the ball is his court. You could try once more, maybe to suggest you need to close out the $$ books for the year, and need to hear from him PRIOR to the 31st? If no response,,,no worries IMO. You might want to keep evidence of your efforts (Emails, etc.).
     
  5. Zooberwerx

    Zooberwerx Gold Supporting Member

    Dec 21, 2002
    Virginia Beach, VA
    'bout now. You have taken reasonable measures to fulfill your obligation. Being the humanitarian I am, I would place the funds in my personal checking account so he should happen to re-emerge months from now.

    Riis
     
  6. BawanaRik

    BawanaRik Supporting Member

    Mar 6, 2012
    New Jersey
    You have his email.

    Paypal to money to him. Close the books and move on.
     
  7. jgroh

    jgroh Supporting Member

    Sep 14, 2007
    Pennsylvania
    Something like this. Last thing you would want to do is "reinvest" the money back into the band only to have him show up months down the road with his hand out.
     
  8. Kmonk

    Kmonk

    Oct 18, 2012
    South Shore, Massachusetts
    Disclosures:
    Endorsing Artist: Fender, Spector, Ampeg, Curt Mangan Strings
    He doesn't have a paypal account.

    I have left him voice mails, emails, texts and messaged him through Facebook. He has been on Facebook and read the messages but still no response. I want to make sure that he gets paid but I am not going to chase him anymore either. I think I am going to try one more time and give him a deadline to get back to me.
     
  9. Thick McRunfast

    Thick McRunfast Not just good, good enough

    Sep 30, 2012
    Portland, Oregon USA
    Check Massachusetts regulations on abandoned property
     
  10. Kmonk

    Kmonk

    Oct 18, 2012
    South Shore, Massachusetts
    Disclosures:
    Endorsing Artist: Fender, Spector, Ampeg, Curt Mangan Strings
    Unfortunately, it wouldn't apply in this case. Another band member and I run the band and he lives in another state. The rest of the band including the former member also live in another state and the gig was in a state other than where any of us live. I'm going to try one more time and tell him that he has until December 31 to contact me because I will be meeting with my accountant in January and want to clear the books. I am also going to speak with my attorney.
     
  11. Thick McRunfast

    Thick McRunfast Not just good, good enough

    Sep 30, 2012
    Portland, Oregon USA
    If you've got an attorney AND an accountant why you asking me? :p
     
  12. Kmonk

    Kmonk

    Oct 18, 2012
    South Shore, Massachusetts
    Disclosures:
    Endorsing Artist: Fender, Spector, Ampeg, Curt Mangan Strings
    I didn't ask you. Just wondering if anyone else has run into a similar situation. Apparently, we should all make sure to send you a message first and get your permission to start a thread.
     
  13. :meh: Hmm. Deadline? Or else what? :eyebrow:

    Consult your attorney before you start setting deadline and etc - it may vary from state to state, but if I'm not mistaken, you needed to pay all wages due within 24hrs of firing him and if not and if he files with the BBB, he may be due penalty wages too (here in CA its full wages for every late day), so make darn sure you can prove that you tried to pay him within 24hrs or whatever the timeframe is in your state.
     
  14. lfmn16

    lfmn16 Supporting Member

    Sep 21, 2011
    charles town, wv
    Disclosures:
    I'm a Fuzzrocious-aholic. It's been one week since I bought my last Fuzzrocious pedal.
    Yea, being snarky is always the best way to get people to help you. :rollno:
     
  15. Zooberwerx

    Zooberwerx Gold Supporting Member

    Dec 21, 2002
    Virginia Beach, VA
    How was he paid before: check, cash-in-hand, direct deposit, etc.? Either way, he should have received a W-2 or 1099 in a prior tax year which should list SSN and current address amongst other elements. I would just send his final payment to the address of record. Didn't leave a forwarding address or failed to inform you of his new address? Sucks to be him. Operating within the law works both ways to protect both the employer and employee. The action would demonstrate due diligence on your part.

    Riis
     
  16. +1. Yep, ^^^ this.

    EDIT: Oh, and after you consult your attorney "please" update us too. Thanks.
     
  17. Hey, I watched "Judge Judy" once while staying at a Holiday Inn Express, doesn't that qualify me to be an attorney on the Internet? :D
     
  18. Only if that was the episode when someone swore the money was a gift and not a loan. :D
     
  19. Wow.

    If you didn't ask us, I don't know who you did ask. I was formulating my response when I got to this response of yours. Now: zero interest in helping.
     
  20. fhm555

    fhm555 So FOS my eyes are brown Supporting Member

    Feb 16, 2011
    Not a former bandmate, but I did have a guy doing some work for me disappear mid job. I owed him for both labor and some material, not a ton but enough I wanted to get it to him to avoid him popping up somewhere down the road with a different recollection of what he was owed. I asked my attorney and he said get an address on the guy and send him a check for the full amount with a letter explaining what it's for. He said to make sure to put your return address on it and if it comes back, file it away unopened against the day he shows up looking for his money.
     
  21. ChrisB2

    ChrisB2 Bass... in your fass

    Now. Take the money, spend it on booze. :p
     



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