fired can I sue?

[Member8675309]

Even if you were to miraculously win and/or not get counter sued, what exactly would you get out of it, two Budweiser’s and twenty bucks?

 

[Ellery]

Why don't you go to the other members of the band and bump HIM out?

 

[SactoBass]

I have been upset about this.

Upset??? Oh my gosh, you should be *THRILLED* that you don't have to deal with that d-bag any longer! From my perspective, that's a reason to be *VERY HAPPY!* So now you can move forward in life with your other music projects without that d-bag mucking things up! Rock on!!!

 

[BCRichguy]

Better than showing up on somebody’s doorstep with a gun and blowing their head of because they made you angry. That’s become another increasingly common “most American” response.

Thats kind of a bullsh*t thing to say, no? I started to type a smart ass reply but I always found this to be the one place where I could come and just talk Bass stuff...not damn social commentary.

 

[somebrains]

Don't be that guy, walk away, take the high road.

 

[Herrick]

Sounds like a terrible experience. Sorry to hear it went down the way it did but being fired by a bandleader like that is a good thing. Dude sounds like a real jerk.

 

[Nev375]

For the sake of arguments, let's say you sued and actually managed to win.

What are you going to do if he decides to simply ignore the judgment and not pay you?

 

[Gluvhand]

For the sake of arguments, let's say you sued and actually managed to win.

What are you going to do if he decides to simply ignore the judgment and not pay you?

It wouldn't be her job to enforce a court ruling. I'm guess he'd be in contempt of court and then would have to answer to the judge.

 

[JeezyMcNuggles]

Seriously?

Yeah, seriously. You get a warning, then they ban you.

 

[-Asdfgh-]

Seek out some education on punctuation.

+1. Especially paragraphs. I gave up a few sentences in. It has the same intensity as the "Handmaid's Tale" and it's above 70F in the UK (i.e. very hot) so my brain has shut down and can't cope with it. I might have had more constructive words to offer if I'd been able to read the whole post.

 

[-Asdfgh-]

Ah, Darwin moment, in the sense he may well have removed his reproductive organs from service.

 

[-Asdfgh-]

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

No... enough to be worth suing, but not enough to hire a really good lawyer

 

[Kmonk]

Technically, anyone can sue anyone. However, proving that damages have been incurred is difficult. Even if you did sue, what would you gain? Were you an employee of the band? In most states, employment is "at will" which means the employment can be terminated at any time without notice. Are you seeking monetary damages and if so, how much? Do you claim income you earn from the band as required by the IRS? If not, it would be almost impossible to prove monetary damages without creating IRS problems for yourself. The best thing to do is just let it go.

 

[alaskaleftybass]

Let's get this up front. I'm a GOF. I come from a generation before cellphones and texting. We had typing classes we had to pass in high school. Most likely most of the younger generation have probably never even seen a manual typewriter. Also, we were required to pass English classes and that included punctuation.

I'm probably forgetting exponentially more than I ever knew but as a creature of habit I try to organize my thoughts on paper. This means breaking up thoughts into sentences. With caps and punctuation at the end of the sentences. I often use abbreviations but not to the extend the cellphone generation does. Guys, this is just the nature of the beast today. People type on cellphones in their own form of abbreviations and it's accepted as a norm among that younger group. Matter of fact most of the time they don't need to know how to spell-- spell check can do it for you if you let it.

For the OP, it would be a good exercise for you to look at your post. It is like ONE LONGGGGGGGGGGGGGGGG snake going erratically from topic to topic. If you aren't sure, pick a sentence every few and BREAK it up by adding a space between the sentences. This makes the reading easier for us and makes it easier to understand your situation, then to give our own advice. It will be a good exercise for you to read through your post and maybe you can use it as a theraputic tool to help you understand your own feelings. Now I'm done or I'm going to be accused of providing psychiatric advice without a license!

OP, everyone goes through these messy situations and deals with people like this in their musical career. Most of us musical types are odd birds. Shake it off, move on, and develop thicker skin. Concentrate on your own life from this point on. Don't worry for another minute about the jerk you just quit working with. If you helped make that band great, you can do the same for any band over and over again! Chin up, move on, drop the negative thoughts. Bad for you!

 

[RichardW]

Maybe it's just me, but I wouldn't be asking a bunch of bass players if I had a legal case--unless all those bass players happened to be lawyers too.

Sounds like you got involved with some bands that included immature, self-centered, and damaged people. There's a shocker (sarcasm).

Forget the lawyer and look on the bright side: you got yourself a free life lesson and are now (or should be) better prepared to avoid making the same mistake in the future.

 

[groooooove]

some thoughts -

1. paragraphs are cool

2. i'd love to hear the other side of this story

3. even if your side is the only side, there is no legal basis for anything

4. ignore #3 because i'm a musician and music teacher, not a lawyer. legal advice may be found in many places, but the bass forum should be low on your list of places to find it!

in all seriousness, just let it go and move on.

 

[40Hz]

Thats kind of a bullsh*t thing to say, no? I started to type a smart ass reply but I always found this to be the one place where I could come and just talk Bass stuff...not damn social commentary.

Fair question which I’ll do my best to answer.

My tl:dr answer is - Not really.

And if you’ll induldge me to clarify it further, it wasn’t meant to a be smartass comment by any stretch. My point to the member from the Netherlands is that we have a legal system to address grievances here. So if the notion of somebody wanting to know if they can sue somebody seems typically American (whatever that means) you might want to consider what the alternatives might be if you couldn't file a lawsuit.

I personally think it’s rather comforting to know that the first reaction for (most) people who feel wronged is to seek a legal remedy rather than take it upon themselves to get satisfaction. I’d rather someone say “I’ll see you in court.” than say “I’ll see you dead!”

I didn’t bother spelling it all out as much as I did in the above because I figured he was clever chap and likely smart enough to connect the dots.

As far as social commentary goes - it’s inevitable. Especially in an artistic medium such as music, which is arguably one huge act of social commentary. Most songs aren’t about abstractions or pretty landscapes. They're about the human experience and condition.

With regards to “just bass” topics, that’s what the bulk of the discourse here is about. Along with a lot of other things thrown in if you read many threads. Most of us don’t talk shop exclusively. But even so, 99% of my posts are close to being exclusively bass related. So if that one comment bothered you, about all I can say is, after many years and me now heading towards 15K worth of posts, I’m bound to say something somebody doesn't appreciate seeing or thinking about. Sorry it had to be you. But so it goes.

Onward!

 

[cataract]

Sounds like a lot of unnecessary drama that you’re better off without. I’d let it go and move on.

 

[Charlzm]

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 it go. You are so much better off without that stress (and the person who caused it) in your life. I don't think suing in the way to go. Be the better person. Don't talk s**t. People will see before too long who's in the wrong here.

 

[Charlzm]

It wouldn't be her job to enforce a court ruling. I'm guess he'd be in contempt of court and then would have to answer to the judge.

I don't think it works that way...

"...To many people's surprise, the court will not enforce your judgment and collect the money for you–you have to do it yourself..."

How To Collect Your Money in a Small Claims Case