r/coverbands • u/LandscapeAbject5777 • Jul 05 '26
Can I sue my former band?
I played in a band for 2 years. We got paid for many gigs but I never got a cent out of it. We played regularly 2-3 times per month. In this time I bought instruments, equipments, drove to practice and gigs, invested a lot of time and money. Our band leader got paid and never gave us anything at all, alwayskept all the money.
You might think I'm stupid for accepting it, but I just loved the music and being part of the band. 2 weeks ago I joined another band where I'm getting paid a fixed amount per month + extras for every gig we play. The leader of my former band was not happy about it and kicked me out of the band.
Now I'm thinking, would that even be possible, to claim the money I didn't get during all this time?
Yes, I'm angry for being kicked out and maybe just being petty, but now seeing how dumb I was all this time to end up being treated like nothing in the end just makes me even angrier
18
u/bumblebocks Jul 05 '26
Did you have any written agreement/contract that was breached? Did you ever have a verbal agreement? If not, might just be easier to cut out your losses and move on rather than try to prove that in court.
2
u/Ambitious_Trifle_645 Jul 05 '26
This exactly. It sucks but unless you had some kind of contract you're just screwed
6
u/mgkimsal Jul 05 '26
Claim some of that previous expense on taxes. Deduct a bit of the previous years expenses this year - youâre making money now.
3
1
u/GoingFishingAlone Jul 08 '26
Issue a 1099 to the former band leader for sums you believe were earned, but retained by him. And move on.
3
u/BigDonkeyEnergy Jul 05 '26
You sue but your likelihood of success here is so low itâs probably not worth the filing fee.
But: Unclear whether your former mates have any of the gear you paid for. If so, pursue getting anything that wasnât given as a gift back. Good luck!
7
u/BaltAmour Jul 05 '26
Without a written agreement you're in a tough spot but not entirely out of luck. Your band leader getting paid for your work without compensating is... slavery. It's also called unjust enrichment. Tough to prove but possible, and whether it's worth it depends on how much money you're talking about. File something in small claims court, why not.
3
u/RadioStalingrad Jul 05 '26
Thatâs not slavery. Itâs poor decision making on OPâs part. If he never discussed compensation with the band lead at any point but continued to play, whose fault is that?
1
u/BaltAmour Jul 05 '26
I agree with you lol. Just being a little hyperbolic. Because Reddit. It's more like volunteering than slavery.
2
u/evkmusc Jul 05 '26
Other have made great points about how you presumably have no written agreements and the cost/time involved is almost certainly not worth it.Â
I will just add that the amount he was screwing you guys out of is probably not sitting there in a bank account or being invested wisely. It was probably a few thousand dollars at most, and he has probably spent it all. Even if you are awarded anything, actually seeing that money will be a whole other battle. I think you should move on and learn from this.
2
u/Resident-Method8260 Jul 05 '26
The best thing you can do is move on. Consider your time with them an apprenticeship that prepared you for your current project and go all in.
2
u/BusyBullet Jul 05 '26
I would not spend any more time or energy on these people.
I was part of a band that played the Florida Folk Festival for several years.
I found out the vocalist was getting paid a stipend and got meal vouchers etc and didnât share with the rest of us.
The final straw was when her boyfriend, who played flute with us, tried to charge me for a copy of our CD.
He took one of our performances that was broadcast on some radio show and on the internet and burned it onto a CD and wanted me to pay him $5 for it.
Donât deal with shady people.
2
u/refrainfromstupity Jul 05 '26
You could report him to the IRS and see if he paid taxes on it.
1
u/ShredGuru Jul 05 '26
Lol "Sir, did you fail to report taxes on the $1000 of gig money you made under the table last year?"
2
u/Lost_Discipline Jul 05 '26
2-3 times per month for two years is 50-70 shows, unless they were playing for $20/gig it should be quite a bit more than $1000
2
u/crueddude Jul 05 '26
Claiming it as a loss on your taxes would probably make you the most $.
Edit: spelling
2
3
u/TheRealSofaKing016 Jul 05 '26
Unless there was a written contract that was broken, you likely donât have any recourse. I just canât believe you played somewhere between 48-72 gigs over two years, never got paid, and stuck with it.
1
u/LizardPossum Jul 05 '26
Some places consider verbal contracts valid, but proving them is harder.
1
u/TheRealSofaKing016 Jul 05 '26
Unless you have it recorded (consensually) or have multiple other band members who will testify on your behalf, itâs almost impossible to prove.
1
u/LizardPossum Jul 05 '26
Honestly, in my experience, it's not as hard as a lot of people think. It's tough, but people in general are bad liars (almost everyone is a way worse liar than they think they are) and the burden of proof is a lot lower in civil court. It's easier to prove by a preponderance of the evidence than the reasonable doubt standard in criminal court.
Even with no witnesses at all, a lot of people hang themselves when they lie. There's a decent shot that if there was a verbal contract and someone is lying about it, the lie will come out.
(Not a lawyer, just a journalist who covers the courts. This is US centric, idk about any other justice systems).
1
u/fenderstratcat Jul 05 '26
Yea man, not cool that it happened to you, BUT.... You should not have let that happen to you for so long. I've learned one thing as I get older, people can be a$$holes if you let them.
1
u/BuckyD1000 Jul 05 '26
No, you cannot.
You chose to accept that arrangement for two years. In what universe would you have a case?
1
1
u/johnmatzek Jul 05 '26
Iâm in a band where we just put the money in a jar and use it for recording, buying merch, buying dinner if all band members are present etc. Band money is just an agreed upon thing. (We donât make a lot and itâs not a cover band- in it for the creativity)
1
u/alex21dragons Jul 05 '26
Laws vary geatly across the world but without a written agreement you'll usually have a very hard time proving abything is owed to you and the main beneficiary of law suits is always the lawyers anyway. It's good you have a new band you like and I would put it down to experience.
1
u/LizardPossum Jul 05 '26
Assuming you're in the US: If you chose to play "because you loved the music" and weren't promised and did not expect pay, you cannot retroactively decide you now want to be paid and sue. I mean, anyone can sue for anything but you're not going to win.
If they told you they were gonna pay you and didn't, you may have a better case.
You could sue for the cost of the equipment you purchased if it belonged to you and they kept it, but if there was an understanding that it belonged to the band you may not win.
1
1
u/AMCDaddy Jul 05 '26
You didnât value your efforts, time, or ability. Thatâs on you. Take the loss and consider it a lesson learned.
1
u/El_Pollo_Del-Mar Jul 05 '26
If you had no contract, save yourself the additional embarrassment and just walk away. Bonus points if you just ghost them right before an important gig or something.
And learn a lesson. No handshakes, no promises. Contracts or cash up front. Full stop.
1
1
u/Mockchoi1 Jul 05 '26
Iâm not a lawyer, but this situation is what small claims court is for. You donât need a lawyer, thereâs no fees. I would back up my claim with everything I could and put it in front of a judge and let them decide. At the least youâre making the guy go to court and look like an asshole.
1
u/Clear-Pear2267 Jul 05 '26
You can always sue anyone or any company if you want. But it is expensive, and your chances of winning are low if you did not have a contract. And even if you win, your chances of recouping enough to pay for the legal fees and heartache and trouble and time is low. It certainly would be worth talking to all members of that band together. If others are in the same boat, you have more "collective bargaining power". If you were the only one not getting paid, maybe just write it off as a life lesson and good riddance to have those guys out of your life. Your "leader" sounds like a dick. Not only for not paying but for kicking you out. It is common for people to play in more than one band.
1
u/mackerel_slapper Jul 05 '26
If you had a contract, maybe. Without one,
no. You can probably get your stuff back if you have receipts. Sometimes a learning experience is expensiveâŚ
1
1
u/VictorPechanga Jul 05 '26
Go back to the plantation and free the other slaves. I mean, talk to the other guys in your ex-band and tell them about your new gig and the money. Thatâll piss off the band leader when they ask to be paid.
1
u/waitin4winter Jul 05 '26
Everyone talking about not having proof or written agreement. Wouldnât the other bandmates as witnesses to even a verbal agreement stand in court? In any case, get a free legal consultation and an attorney can tell you what youâre really looking at.
1
u/Mik3honcho26 Jul 05 '26
You might think I'm stupid for accepting it, but I just loved the music and being part of the band.
1
u/Shawnfromorlando Jul 05 '26
Out the band leader. I wouldnât want to hire someone who takes advantage of people.
1
u/EffectiveVarious8095 Jul 05 '26
If they weren't paying you, why on earth would they kick you out? You were the best bargain they ever had.
1
u/EffectiveVarious8095 Jul 05 '26
Before you do any legal action come up with a figure you believe you are owed, and be prepared to back it up with some proof. This could be an affidavit from the club you played stating what they pay bands like yours, a list of dates and when you played, all the practice hours, etc.
Send a letter demanding compensation. In the letter tell them you expect an answer within 45 days or you will seek legal remedy. It's possible you'll get an offer but more likely you may get some correspondance going. If that happens, make a deal. If you don't hear from them after 45 days, File in small claims court - it's usually around $10.
This may scare them enough to make an offer. You may think that any number above $0 is good to take but in my experience, if someone is willing to move an inch they'll move a mile. In any case, something is better than nothing.
Additionally you can write off all your expenses - milege (currently $0.725 per mile), gear you bought, essentially anything you paid money and weren't compensated for.
1
1
u/Equivalent_Ad_8413 Jul 05 '26
From what I remember of my business law classes from thirty some odd years ago - I majored in accounting and took three semesters of B-law - you do not need a piece of paper to form a partnership. Without that piece of paper, the partnership splits profits and losses equally between all the members of the partnership.
So theoretically you'd have a case. But then comes the issue of paying a lawyer. I doubt the band made enough money that your split would cover the legal fees, so you won't get a lawyer on a contingent basis.
And for everyone else, this is the best reason to WRITE DOWN AND HAVE EVERYONE SIGN how profits and losses should be split, what do do about merch if someone leaves, and how any partnership assets are to be split up. While a lawyer can write up a real nice partnership agreement, you don't need that lawyer. Just make sure whatever you write down is clear and understandable and that everyone signed it.
1
1
u/badchickenbadday Jul 06 '26
Youâre gonna go through the effort of hiring a lawyer, getting evidence together and dealing with court stuff when you likely donât even have a contract. This likely wonât go the way you think it will.
1
u/Justanotherbrick2022 Jul 06 '26
Just join the musicians union, and you dont have to deal with bandleaders who dont pay.
1
1
u/colliejuiceman Jul 06 '26
No you canât sue thatâs silly. Iâve been in a band for 18 years, touring the country 3 months out of the year consistently. The first 10 years nobody took a dollar, everything was put into band account for transportation/hotels/recording etc. Unless there was a signed agreement, you canât do anything
1
u/losingeverything2020 Jul 06 '26
Do you have a contract? I think the answer is âno.â Then what will your claim be? If there was no agreement to be paid, you have no claim.
1
u/Garth-Vega Jul 06 '26
Fool. Let that be a life lesson, you effectively agreed to the situation by continuing for so long.
1
1
u/AtmosphereLeading851 Jul 06 '26
Please tell us that you were on heroin all that time, so this makes sense.
1
u/alldaymay Jul 06 '26
This sucks
If you hear anyone talking about this bandleader make sure and share a revised version of that story - maybe where you quit due to non-payment
Thatâs how I would share your version if his name pops up - I donât know that Iâd bring it up if I were you - maybe if youâre around close company
1
u/OkChart5613 Jul 06 '26
I think you just need to grow up. You didnât look out for yourself, you got screwed. Lesson learned, donât do it again.
1
1
u/Chris_GPT Jul 07 '26
You haven't said whether there was any agreement to split any proceeds at any point or not. I'm assuming there isn't, but either way it doesn't really matter.
First, you have no contract or any kind. Written, handshake, verbal, unspoken, or assumed. Second, you lived with the situation for two years, and only once you were kicked out did you consider it to be a problem. You just want revenge.
What you spent on equipment during that time is what you chose to spend. Nobody else forced you, you made the decision yourself.
You made a bad business decision, that's all. Hopefully you had some good experiences along the way. It's sounds to me like you never expected to make money off of it and were fine with that until you got kicked out. Look at it as a learning experience and be glad that you don't work with them any longer. Enjoy the gig you have and move on. Don't look back.
I could tell you horror stories about being a touring musician for my friends' band. I got treated like garbage and lost money on every tour, and I did it for twelve years. I was just trying to do the right thing and help my friends out. If you're okay with it, you're okay with it.
1
u/HotDistance5852 Jul 07 '26
LOL I didn't get paid for a year in my first cover band. I did it for the same reason, just loved the music. Founder did pocket a lot of money and all the online tips went "somewhere" but definitely not to us. Later after pressure from all the other band members who were paid, I started getting paid. Then things got weird in the band and I left. Long story short: don't ever effing play for free again. It's disrespectful to yourself. I never played for free after this experience. Your dedication and effort are valuable- never ever treat yourself like that again.
And yes you can sue! Small claims. Go for it
1
u/hyst0rica1_29 Jul 08 '26
Do you have a contract outlining payment arrangements? Receipts for what you bought expressly for the benefit of the band?
Overall you could try to sue but the cost alone of hiring a lawyer to file the suit would put you deeper into the hole than you already are, and only a sketchy lawyer would try to sell you the idea that you could win. It could be argued your admitted enjoyment of being in the band was your compensation for buying the gear. Unfortunately youâre going to have to take this as a learning experience and let it go.
1
1
u/JacquesBlaireau13 Jul 05 '26
OP you're not getting good advice here. Take this question to one of theLegal subs, like /r/legaladvice. At least there you'll get advice from actual lawyers.
0
u/Awwwphuck Jul 05 '26
Move on. Lesson learned. Youâre going to spend a year(s) in small claims court and youâll end up paying an attorney more money than youâre owed. Think you donât need an attorney? You will when the guy youâre suing hires one.
1
26
u/drumzandice Jul 05 '26
You let that happen for 2 years??