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fired can I sue?

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#23
BassGirl1122 said:
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 horses**t. 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 cu** 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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I don't know. You might be able to. You can always consult with a lawyer regardless, and see what he thinks. But, you need to edit out those bad words you "edited" already. Or, you're gonna get a language warning, and moderators will delete your post.
 
#24
I'm sure that guy is destroying his reputation with the rest of the music community and his toxicity it's not just directed toward you. Sooner or later he is going to be the best guitarist in town that absolutely no one will associate with.

As for suing, that's a good way to get yourself ostracized from the community too. The best way to be is to let all this crap slide off you like water off a duck's back. There's plenty of drama in all the artistic/creative industries, keep your feelings in check and don't add to it.
 
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#25
Nev375 said:
As for suing, that's a good way to get yourself ostracized from the community too. The best way to be is to let all this crap slide off you like water off a duck's back. There's plenty of drama in all the artistic/creative industries, keep your feelings in check and don't add to it.
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This.....I’d never hire a musician for a bar band if I knew she sued former band mates.
 
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#32
My question is who owns the band? We all like to talk about other titles like band leader, band manager, drummer, guitarist, lead singer, etc.

So, if that band is like my first band, then ownership was never talked about, and it seemed that we did not care. We only saw the titles of musicians of what each played.

If it is you, or you consider it you, then trademark the band's name.
 
#33
You could possibly sue for the amount of revenue that your picture on the flyer brought to the show. As an unknown bass player, I don’t think you would be happy with the amount. They may award you $1 so you could claim that you were right, but effectively no damages were incurred.
 
#35
You missed your best shot last year ... you should have quit when he fired you and called you that c-word. There's no reason to take abuse (of any sort) from a band member, especially one as easily replaced as a guitar player! I agree with the poster who said don't sue, don't retaliate, don't talk smack ... get YOUR act together and compete. How do his other band mates feel? Can you poach them?
 
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#36
I’ve been playing for a long time in all sorts of bands and have never had anything like this happen, ever. I must be doing something wrong. :roflmao:

You can sue but you’ll be laughed out of court, and getting on the phone to tell club owners about it is silly. The reality is that the vast majority of bar bands are not licensed, regulated, legitimate business entities and you’re not a marquee name that brings paying customers in.
 
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#37
You can sue..... but what do you hope to gain? If you hope to gain $ then you have to prove it cost you money. You can’t put a dollar value on frustration.
If you gain success then that is all the gain you need to prove your point. Right?
Bob
 
#40
This is not actual legal advice...
But, unless you legally own the band name and are the person signing for the bookings, then you have no case. Not even in small claims court. Unless there is an actual employment contract signed, most band members are not really employees but rather an "independent contractor" (or sub-contractor) of the person who does the bookings. Sub-contractors can be cut from a project/job with no compensation as long as the sub-contractor has not yet expended any time or money specifically for that project/job (time or materials).
Also, as others have said, don't get the club owners or managers in the middle. They don't care, and they will from then on associate your name with band drama. In the club where both bands work, it could possibly even get your new band dropped from the rotation.
Just my thoughts. Sounds like you are better off now without that BL in your life.
 
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