fired can I sue?

[Frank77]

Honesty and bands don't mix. ...

I totally disagree. Not all bands are crappy: Some are actually made up of well-adjusted adults who get along, but we hardly ever hear their stories here.

 

[Kukulkan61]

I read thru about half of the first paragraph and got confused so I’m not commenting...

 

[73jbass]

It's just a band. Move on.

 

[Paulabass]

You can sue anybody for anything. Getting a judge to agree with you, and recouping more than your legal fees are the tricky part.

 

[Clark Dark]

@BassGirl1122,
catch your breath,
now take a deep one
count your blessings
you'll feel better
and the gigs will continue to come!

 

[InhumanResource]

You're asking a lot of some people around here. There’s a few that seem to specialize in snide commentary for any occasion. It’s a gift.

A gift for everyone else, I guess. I love a good A-hole warning flag. Pretty awesome as it is often self applied (I'm talking to you too, the 20+ users who liked that crappy comment. Go hang out with her old guitarist).

 

[MordBass]

Honestly, here's what I'd do. Since he seems like a tool and a generally unpleasant person, so it is highly likely that the other members also find him disagreeable. So take them.

 

[zachoff]

#1 rule of lawsuits... Make sure the other side has money

 

[Session1969]

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

Make him dead to you. I wouldn't waste another second on him. Let him twist.

 

[lfmn16]

First, paragraphs are your friends.

Second, unless you are all 13 years old, this is way to much drama.

Third, the question you should be asking is not “can I sue” but “can I win” and the answer is no.

The music business is not for the thin skinned.

 

[40Hz]

I think you quoted the wrong post.

I was agreeing with @dreamadream99 about the post they quoted. Did that not come across?

 

[monsterthompson]

You can start legal action for just about anything, but the likelihood of getting any sort of compensation award is probably pretty slim. If you'd get an award, how much do you think you could realistically get? Is it worth your time, for the chance that you might get a favorable judgment?

 

[WardEarth]

I was agreeing with @dreamadream99 about the post they quoted. Did that not come across?

My mistake, I read it wrong

 

[40Hz]

My mistake, I read it wrong

It happens. I do it all the time.

 

[dbsfgyd1]

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

Sorry for your troubles. I would doubt without a written business relationship, and contracts with the clubs, complete with all musicians listed, you don’t have much hope of a financial recovery.

As for the nut case guitarist, well that comes under the heading, burn me once shame on you, burn me twice, shame on me. Time to move on my friend. Life is way too short to be dealing with this BS. You don’t need to be working with bad attitudes, nut cases, drug addicts, those with delusions of grandjure, or overly impressed with their own significance.

Further, juggling bands is a challenge, and in general I don’t recommend it. If you have need to play with multiple entities, Make one the primary, and only agree to be a first call player with the others with no commitments on either side. Trust me, your primary band will improve with you focused on just that band with the hope you will get more and better gigs making playing with other band unnecessary.

 

[tycobb73]

So many people think they are employees. Even if they were they can be fired in this situation. But they are not. They are subcontractors and have even less of a leg to stand on. If Icontract a guy to roof my house and before he starts the job I can contact him and say thanks but I'm using someone else.

 

[Ductapeman]

It also strikes me that you need to find some new cats to play with. The fact that you've been working should make that easier.

 

[eJake]

Of the OP, and two firework vids most American post of the day goes to shooting fireworks from crotch to face. Kudos to both runners up, you had great submissions.

 

[delta7fred]

Not being from the USA I have no idea whether you can sue or not (but my guess is not unless you have a contract).

I'm sure all this advice has been given before but reading post #1 tested my old eyes and attention span and to their limits so I skipped most of the other posts.

Be polite and professional. If you stoop to the level of the guy that fired you it makes you look as unprofessional as he is.
You only have a grievance with the BL so don't involve the rest of the band, and never a club owner.
Chalk it up to experience and move onward and hopefully upward.
Keep in touch with the other players/singers (networking and don't burn bridges).

I wouldn't worry about them using your picture on a poster as long as they don't do it again. I suspect it was a band shot and you were on it (just be thankful that they included the bass player ).

 

[Member8675309]

drama.