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fired can I sue?

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BassGirl1122

BassGirl1122

Jun 12, 2008
834
26
55
North Augusta, SC
#1
I was in 3 bands up until Friday. One of which had a drummer from two of the bands, however all he did was complain so we were in process of finding a replacement (which we did). Meanwhile one of the members booked a gig at a place where me and the drummer's other band play at many times. The person who booked us made sure to not conflict the schedules, and they booked us opposite months. That club does not book a band two mths in a row or two times in a mth for that matter. So one band is Sept and Nov and the other is Oct and Dec. I mentioned to my bandmate/leader of the other band about the gig and a few daya later he starts texting me mad because he thought I did dirty by booking where he played at and it was insulting to him and I "stole" his band without him (although he has another band with the same drummer without me ). He was ok about this before until the booking I told him that the drummer was probably quitting because all he did was complain about the genre and lower pay and where thw venue was at etc. The namd leader from the other band said he made the drummer quit. Then he said anyone associating with my other band wasn't gonna work with him. And continued to call my band horsepoop. I asked if he was letting me go and he never answered..said to give him a few days. then added "lol" So Friday comes and we have a gig. a few hours before I have to get ready, he text me saying I was replaced that night and future too. LAST minute. I was with that band for 2 yrs and helped make that band where it is today-we are even nominated for best local band! We have full booking schedules all way to Dec.. He fired me bc I wouldn't pick one band and for getting a gig at same club. I would of never sabatoge either bands bc I was in them both. This is 2nd time he fired me. Last time he Facebook messaged me drunk last year, and started saying the both me and drummer sucked and continued to call me names like **** and just bashed me. this guy is a great guitarist but has issues. He hired me back but this time I will not return if asked. He constantly puts other bands and musicians down. My question is, can I take him to small claims court for the gigs we have booked seeing they were booked with me in mind? We had a full schedule and one even has a flier with my face in it. I have been contacting clubs to let them know I am not playing with them no longer. Burning bridges.? darn straight but it's the truth. I normally wouldn't but he did me bad. that band, we played at clubs I played before but I never complained.. I encouraged it. Then to make me choose?No. He fired me and I did no wrong. let me know if I can. Sorry this is long. I have been upset about this. thank you
 
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#4
That was a wall of text....and near impossible to understand, with all due respect. With that said, I think I worked my way to the main issues.

Do you have an employment contract with this band? No? Ok....

Are these clubs really booking a band based on the bassist? Probably not.

You have no case, and I’d speculate that the amount of money involved wouldn’t justify the court time. Move on and consider it a life lesson.
 
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#9
Chalk it up to experience and walk away. Nothing good will come of trying to sue. It does sound like this guy needs professional help, and you are now free from the possibility of future abuse from him. You’re already better off than you were a week ago! :)
 
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#10
As a legal issue, unless you have a contract, which spells out how and when you could be terminated, and the termination was contrary to those terms, and you can prove it, no. As a practical matt3r, if this guy has any pull in the musician community, do you want to get a reputation as the person who went to court over this?
 
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#14
@BassGirl1122 doubt there is much you can do legally.

The bigger take home from all of this is that you’re better off out of that band/that BL. Sounds like that guy has issues and him blowing up over a whole lot of nothing was pretty much going to happen at some point.

Concentrate on your other bands or find a replacement band whose members are decent people to work with and have some understanding of mutual respect.
 
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#15
BassGirl1122 said:
I figured it was a lost cause. This guy is bi polor or something. Once one of his got unhooked during show and he kicked it across stage. smh. I refuse to go back to that band again. I am grateful they gave me experience but they need to grow up. He also.
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The burden of proof in small claims court is much less. I think if you have a contract it would be easier, but anything like text messages, flyer with your picture on it, etc could serve as enough proof that you had a reasonable expectation to be part of these shows. I would think the biggest chance of anything would be to show that you had a reasonable expectation to perform at these shows, that you did not book other work during that time, and that you were let go without a reason--basically arguing that if you were being let go, it would have been correct to let you finish out your booked work first. It may be easier to argue for some of the immediate work you are prepared for than whatever you are doing in December.

You can file suit for anything. Small claims court has limits on what you can sue for. Check to see how much it would cost you and if it is worth it to you. It would not be worth it to me, but music is a hobby to me. Basically, even if I won $3,000 in the lawsuit, the time I lost to the process would be more valuable to me.
 
#16
Hard as it may seem, your best course of action is to just walk away.

Take the experience as part of your education as a working musician. Because the nonsense you just got hit with (plus a whole lot worse) goes with the turf.

Keep your head up, shrug it off, and move forward. Look at it this way: if the moron doesn’t realize what he had then he doesn’t deserve to have it.

Onward! :thumbsup:
 
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#17
"...this guy is a great guitarist but has issues..."

I'll say! There's an old Tom Verlaine song with a line, "I gotta keep about a mile from you/arm's length, that won't do."

Time to step away from all of it. And just to repeat: It may be emotionally satisfying to go ahead and burn bridges, but that will cost you somewhere down the line. Resist the urge. It's been a long time since I've been in anything like the train wreck you describe, but I do remember taking a page from an old jazz musician: When things aren't going your way, just get off the scene for a while and take it easy. There will be plenty of music to play when you come back.
 
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