Getting overpaid - owner wants it back

[ole Jason]

So how is it in the US - do such payments require a legal bill issue through a registered company or are you allowed to pay such things in cash up front, no bills, no record? How do you deal with income taxes?

It really just depends. For small gigs paying a few hundred dollars to the band it isn't uncommon to get paid in cash. Many venues do insist on paying with a check though and they will make it out to a single person (the BL presumably) who will receive a tax form from the venue and be responsible for paying the taxes at the end of the year. The BL will then issue a 1099 tax form to the band members to account for the money they received.

It's a little more complicated than that with meeting taxable thresholds and whatnot but that's the very general jist of how it works here.

As to the OP's situation if I was the BL I'd give it back and just eat the $100, it's a small amount of money not worth losing a gig over. I would not put myself in the position of asking for money back from the band members.

 

[thunesBARROW]

I wouldn’t want to deal with those people anymore. It’s insulting that they’d even ask.

 

[21DaHoagie12]

The fact that they’re chasing you down over $100 is an embarrassment on their part and I would not be interested in playing a gig or working with that person again. Really? 100? Embarrassing.

 

[primusfan1989]

If the gig and relationship is important to you I'd give the money back

 

[sean_on_bass]

So how is it in the US - do such payments require a legal bill issue through a registered company or are you allowed to pay such things in cash up front, no bills, no record? How do you deal with income taxes?

Even if paid cash with no paper trail, you are to still report the income and pay your related taxes. You are allowed to accept cash payment but it is on you to keep track of it for tax purposes.

 

[N. Kentucky Bass]

Again though…WHY would you want to play there and maintain a relationship with a petty owner?!?

No one has mentioned this, but perhaps the owner had a Really Bad Day. Maybe was hit with a major unplanned expense, a key employee quit, a family issue, -- whatever. Most of us have probably behaved irrationally in stressful situations. I'd give he owner a break and immediately return the $100 with grace. The band has no control over whatever happens afterward, but we can do our part control karma and calm ugliness that pervades so much of the world. Perhaps the deed will repay itself many times over. If not, just move on.

 

[MrLenny1]

Give her the money back and tell her to go to you know where.
That was a bonus because you held a good crowd and they made money.
Bands are always getting screwed & take it and the money scale
always sucks.
IMHO bring back cover charges. That would help bands tremendously.
My trio use to work a venue where the wait staff & bar were very happy were we working because we brought in a good crowd & they were going to have a very good money night.
They would make $300-$400 each on tips and the band went home with $100 each. Management never offered a bonus. It's a poopy business.

 

[Bar Band Bassman]

Give it back. Your karma will thank you. The rest is trivial.

BBB

 

[sean_on_bass]

Hoping the club already has the money back. i'd have been in the car bringing it to them the same day they reached out to me.

 

[KenSmithFan]

Hmm. That’s a good point. I bet I am often/usually told when I’m being tipped for playing. I also am not typically handling the money. I know last time I hired a band I tipped $100 and didn’t explicitly mention it, perhaps I should have! Now I have to think back on if they asked me if I intended to tip them or not… (Who am I kidding I’m not gonna remember that.)

Call them up and ask for it back!

 

[groovepump]

lol this is what I thought.
Surprised some of you think the bandleader did something underhanded. I would def think, oh cool they paid me more, they liked us. From my experience working in entertainment tipping is pretty common.
I’m in the return the money camp because I don’t think it’s a big deal on either side. But people here talking legal arguments over $100 is a little funny.

And besides.... if it happened to YOU, it's sort of "normal" to at least inform the person paying you that they are over-paying you, and allow them to say "thanks for telling me" or.... "I know, we wanted to give you guys a bit more money 'cuz you rocked this place like no band has ever rocked it before". But to sneak away with it like nothing happened . . . that's not how I would do it.

 

[Smallmouth_Bass]

Bank error in your favour - collect $200.

I would ask if they wanted the $100 back or prefer to take it off of the next gig (and then book a date).

I don't think they should be asking it for it back, but I wouldn't make a big deal over it either.

 

[Low End Scum]

Well, once he took the money without saying anything it’s hard to see how that ends well. I know I sound like a broken record, but I keep going back to my certainty that the BL would have spoken up if the amount was less than the contract stated.

He’s not to bright if he’s willing to burn that bridge for the $20 or $25 each that the band members probably got.

That's a good point. I definitely err towards the side of at least verbally confirming everything at the time money changes hands.

 

[Addison]

I’d bring in $120 - ask the bar owner to count it out to make sure it’s correct - when the bar owner looks up at you holding the extra $20 with a funny look say, “Seems like you probably need it more than I do,” and walk away.

 

[vvvmmm]

You could always claim the $100 was paid in exchange for not setting off your Great White-style pyro.

 

[Low End Scum]

No one has mentioned this, but perhaps the owner had a Really Bad Day. Maybe was hit with a major unplanned expense, a key employee quit, a family issue, -- whatever. Most of us have probably behaved irrationally in stressful situations. I'd give he owner a break and immediately return the $100 with grace. The band has no control over whatever happens afterward, but we can do our part control karma and calm ugliness that pervades so much of the world. Perhaps the deed will repay itself many times over. If not, just move on.

No no no, it's so much better to burn the bridge over 100 dollars just on principle alone! (this is sarcasm)

I don't know where OP is gigging, but at least in my current corner of the world there's a finite number of good gigging venues and word travels fast. I've seen bands lose the opportunity on good gigs they never knew they'd had because people knew of times they were generally a pill to work with or made life a pain for everyone over their oh so important principled stance that everyone rolled their eyes about and just wrote them off over.

For all the "Is the bar going to really grovel for 100 bucks" the same can be said for the reverse side of this situation "is the band really going to burn the bridge over 100 bucks?"

 

[mrjim123]

My first thought - keep it. On second thought, return it if you want to play there again.

 

[Rabidhamster]

Perhaps suggest to give it back $25 a show out of future gig pay to ensure the party who gave it to me stayed in the job and kept booking and dealing with us on future gigs. For all we know the manager already got docked under the table also.
If you put anything in writing be sure to put it as something like
“Customer service concession after bar owner requested their cash tip back - $25”

 

[richntiff]

I’d bring in $120 - ask the bar owner to count it out to make sure it’s correct - when the bar owner looks up at you holding the extra $20 with a funny look say, “Seems like you probably need it more than I do,” and walk away.

lol. no you wouldn't.

 

[Runnerman]

This situation depends on exactly how the bar manager paid the extra $100.

If the bar manager handed over the money & never mentioned anything about the amount or any extra above the agreed pay, the band / BL should have immediately spoken to the bar manager and asked if he or she intended to exceed the agreed pay. If it wasn’t intentional, the money should obviously have been returned at that time.

If the bar manager said the additional pay was intentional for doing well or any reason, and it was clear the bar manager and the band were both aware of the extra $100, it was a tip. Where the bar manager got the money for the tip is between the bar manager & owner.

The whole circumstance is totally about the knowledge of the bar manager. If he or she grabbed a hand full of $100 bills, counted out the band pay, and accidentally pulled out an extra bill, it’s an accident.
If he or she acknowledged there was an extra $100 in the pay, it definitely wasn’t an accident, and the band is not responsible for the source of the extra $100.

I think this is a great assessment and shows a lot of wisdom. I'll be talking to the BL tonight....I have a memory of what was said at the time... I was passing by carrying something to the trailer. But I want to be sure of which scenario above is in play. Update pending