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fired can I sue?

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The way civil lawsuits work is that the person who sues (the plaintiff) claims that they have been financially damaged. Then, each side explores the evidence for and against that claim.

Eventually the suit goes to trial where a judge or a jury listens to each side present their evidence, then decides whether the plaintiff has indeed been damaged. If so, the judge makes a money award.

I'm not seeing where you've been damaged, other than losing your job in the band. And unless you had a contract, there's loads of employment and case law that will keep you from getting anywhere with a claim. I'd just move on.

Finally - and I'll say this using the best manners I can - your post was full of abbreviations and misspelled words and very difficult to understand. If you use paragraphs to separate little subtopics within your larger point, like I did here, people's eyes and minds can process the information much more effectively.

Chances are that your writing style indicates your communication style in life situations, in which case the likelihood that you get sideways with people, like you did in your story, is high.
 
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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
Unless the bands name was “Metallica” or “foo fighters” oe something of that level I believe you’ll be wasting you’re time trying to sue. Better to use the time and money wasted to work on a new project
 
Lots of good advice given and I hope you take it. You have to go deeper and not just ask yourself can I but should I.

A band is just like any other relationship so please consider why you accepted an abusive one—those never end well.

If you are taking the role of just the bass player, then you’re easily replaced. If you’re considering what do I get from this if it ends then you won’t have wasted your time.

A last thought is try not to dwell on negative thoughts. You only hurt yourself in the end. Go for a nice walk in the sunshine, take care of yourself and feel better.
 
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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

He called you what??

No suit. Dissociate yourself from this jerk completely, soonest. Life is too short to play with jerks, I don't care how good they are.

Yeesh...
 
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You missed learning your lesson when he fired you the first time - try to learn your lesson this time: do NOT work with that guy again!

Also, it sounds like the drummer was in 3 bands - two with you, and two with the other guy... why so many bands?
 
Said in a way similar to much of the advice above: If you were to put just $10/hour as the value of your own time, then you will lose a ton of money ( in time alone ) pursuing this further. It's the drama of the gig life. Make this the start of something new and better, if you can.
 
Okay. There's a lot of practical advice and some well-intentioned criticisms about the original post. To sum up, anyone can sue anyone for anything, but in this case it's not well grounded in the law or facts and it would be an expensive waste of time. (And, yes, this is unfortunately an extremely American post.)

For the rest of you, the OP mentioned something important in her block paragraph that you may want to remember or think about: "We had a full schedule and one [show] even has a flier with my face in it." A person can obtain injunctive relief to prevent someone from using their name or likeness without permission. This is also true for false association with an unsavory or otherwise objectionable person or group. If the BL and his behavior is truly as awful as described, the OP is at risk of damage to her reputation. If you find yourself in a similar situation--where terrible people with bad reps in the industry are using your name/image/recordings to further their interests without your permission--that may be an actionable offense. The OP sounds (and wrote) as if she's in a bit of a state, but this situation is not uncommon. This particular instance would fall under the right of publicity (or similar legal statutes, depending on your jurisdiction) and is something to keep in mind, whenever someone is exhibiting your face to promote a gig you have nothing to do with or, worse, misrepresenting you as being a member in, say, a racist/misogynist/other evil type of group.
 
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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

Let’s imagine your next band audition:

“So what happened in your previous band?”

“We has band drama, like every band in the world, and I sued them in a court of law”

Sometimes burning bridges burns more than a single bridge.

Be a pro, take your skills elsewhere.
 
We need to step back one step.

The personnel makes no difference. If tue two bands have two different names and some different members then BOTH bands should have been able to book shows at this ridiculous club.

So there shouldn't have been an issue to behin with.

Virtually everyone involved is being a dipstick.

Let's simplify.

I'm in a three puce band called The Dipsticks. It's me an Bob amd Jim. We play classic rock.

I'm in a three piece band called DOP (Dipstickery On Parade). It's me and Bob and Susan. We play some funk and some rock.

The Dipsticks should be able to play on Friday night and DOP play on Saturday night without breaking this club's rule.

So this is all stupid in my view.
 
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