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BL just fired the drummer

#41
This whole thing sounds off to me. I'm glad it's not my band because I don't like it at all.
Axtman said:
The BL said it was personal reasons. BL said that she had learned of some disturbing information from a reliable source.
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If it's personal, it would be between the drummer and the BL. The information wouldn't be from a third party. As it is, it's heresay.
Axtman said:
Yes I too questioned the BL if the source is reliable. BL said yes, very reliable.
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What does "very eliable" mean? A cop? A priest? Someone who says they saw something? Maybe someone who says the drummer did something to them. Or just someone the BL has known longer than the drummer? None of these necessarily make the source reliable, or the accusation true.
Axtman said:
BL said there were some suspicious signs at a few of our rehearsals. Again I did not notice anything and do not know about the specific issue.
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You can't fire someone on a suspicion. You need evidence. Actual evidence, not just the word of someone who may (or may not) be "very reliable".
Axtman said:
The BL called me and other members to explain what was going to happen and not to seek my approval or permission.
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This sucks. Say your drummer is guilty of some heinous crime. First, that would be awful and, depending on what it is, sacking him may be the best thing to do. But BL should definately not be saying anything to you, particularly before it's dealt with. She should sack the drummer first, then call you all together and say she's sacked the drummer. And even then, she shouldn't tell you why, unless it's going to be on the front page tomorrow.
 
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#42
Axtman said:
Depending on the severity of the offense and I am sure it is bad, I may be rather vague with my answer.

BTW, I am sure that I speak for the BL and the rest of the band when I say we all feel really horrible about this incident....bad that we are losing a valuable team member and bad for the drummer whatever he is going through.
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You're not losing anyone, they're getting fired. Big difference.

As someone who doesn't do vague, I'd probably rather be completely in the dark vs. shrouded in mystery.
 
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#44
svlilioukalani said:
As I look back at my musical career and think about all of the felons, drug addicts, convicts, and thugs I have worked with; (most of which were really nice guys.) I can't imagine what type of behavior would cause this. If he plays well, gets along with other band members, is not too high to play songs correctly, and shows up on time, I don't see the problem?

Where do you gig. And whats your band. It's always nice to see other bass players out in the wild.
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Seriously, music is one of the few places the Ned Flanders types stick out as being ones to watch out for.
The “bad guys” are tribal in a good way so you never are on your own if something hits the fan.
 
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#45
Heh. When I get "in that zone", my eyes don't really focus on anything specific, and I kinda stare vacantly into a fixed spot in space. On rare occasions, I drool. Sometimes a person will move unnoticed into this fixed spot in space, and it looks like I'm staring at them. One time, about 15 years ago, this happened to be my landlady's pubescent daughter. Needless to say, I lost my room pretty quick after that.

Despite my innocence, from her point of view, I was staring at her young daughter.
 
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#55
whero said:
This whole thing sounds off to me. I'm glad it's not my band because I don't like it at all.

If it's personal, it would be between the drummer and the BL. The information wouldn't be from a third party. As it is, it's heresay.

What does "very eliable" mean? A cop? A priest? Someone who says they saw something? Maybe someone who says the drummer did something to them. Or just someone the BL has known longer than the drummer? None of these necessarily make the source reliable, or the accusation true.

You can't fire someone on a suspicion. You need evidence. Actual evidence, not just the word of someone who may (or may not) be "very reliable".

This sucks. Say your drummer is guilty of some heinous crime. First, that would be awful and, depending on what it is, sacking him may be the best thing to do. But BL should definately not be saying anything to you, particularly before it's dealt with. She should sack the drummer first, then call you all together and say she's sacked the drummer. And even then, she shouldn't tell you why, unless it's going to be on the front page tomorrow.
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Most places you can actually just fire someone for no reason at all just because you want to. This is why Job loyalty is totally dead.
Now for the remaining team you better have some damn good reasons or you’re going under
 
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#58
unless you are a big pro band, and have a contract with each other (eg, you have formed a legal partnership and/corporation) there is no basis to sue here that I can see. You are all independent contractors and the rest of the band can replace anyone they wish and there is nothing you can do about it. Independent contractors, especially without contracts, have no legal rights in these circumstances. So you'll get nowhere concerning "wrongful termination" since nobody here is an employee and probably not a legal partner.

but let's say you're trying to go over "damage to reputation" - defamation (which can be either slander or libel ). VERY high standards in any western country. You'd need a lot of proof of not only what was said, but by whom, and demonstrate that you have been actually legally harmed. Opinions are not the basis for proving your case. And there is a difference between being a public figure and a private figure in such cases as well. Just being "offended" or triggered wont' get you anywhere. Plus it has to be a PUBLISHED communication. Not just two people talking. Without it, and assets to get at, no lawyer would take such a case anyway

and who are you going to sue? Not the band unless they are a legal partnership or incorporated entity and actually have assets. so I guess you can go over the BL personally in civil court. but again, you'd have to meet the legal standard of slander above and have assets worth going after. even if the band is a legal entity, they can dissolve, declare bankruptcy and any legal action would result in collecting nothing.
 
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#59
whero said:
Not in my country. That would be called unfair dismissal and can (and has) result in huge fines to the company and awards to the employee.
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but a band member, unless you have an explicit contract, is not an employee. most bands aren't even a legal entity. So there is nobody to fine or money to provide to an employee, who in bands are all treated legally as "independent contractors"
 
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