Can I Sue For Loss Of Potential Income

This is a discussion on Can I Sue For Loss Of Potential Income within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; I've been working in a band with a singer who recently decided he no longer wants to be involved due ...

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Old Apr 23rd, 2011, 12:43 PM   #1
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Default Can I Sue For Loss Of Potential Income

I've been working in a band with a singer who recently decided he no longer wants to be involved due to a misunderstanding with one of the band members. Instead of discussing the issue he has left the band and started another project. In addition to being a musician, I have also been acting as band manager, and have invested a great deal of time, effort, and incurred nearly $2,000 of expense related to getting the whole band project organized. I have not been compensated for any of my work so far, and we had an oral agreement that I would receive an additional 15% compensation on top of my wages as a musician when the band began performing in June. Since the singer has left us hanging, the rest of the band cannot perform without him, nor can we earn any money from potential future shows because of this. The band is a professional unit, and we all expected to earn a respectable amount of money during the rest of the year from performances, and also from recording and releasing a CD of original music later in the year. Can my fellow musicians and I file a claim against the singer for loss of potential income, and can I file an additional claim to recoup some of the money I have already spent/invested in the project? We cannot continue without this particular singer, and because he has chosen to part company with us, we will suffer a loss of income that will affect us. Also, the singer lives in one state, while the rest of us live across the border in another. We rehearse in the state where the rest of us live, and use our rehearsal town as a home base. If we are able to file a claim against the singer, must we file in the state where he resides, or can we file a claim in our state?
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Old Apr 23rd, 2011, 03:08 PM   #2
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I wish to inform you that you can file a suit for breach of contract. In this, the band members can file a suit claiming that singer had agreed to perform the performances and has refused which has caused loss to all the members. In this regard, the amount of compensation will include direct loss arising from breach of contract which will include all the amount spent by you or other band members and loss of income from shows which were booked and which now may have to be cancelled. Loss of income will include loss from operations for which bookings wee received and not for which no action has been initiated. You may first serve a written notice and if the matter is not resolved by the other party, you may file the lawsuit. The Court will consider all the facts and decide the matter.

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Old Apr 25th, 2011, 04:58 PM   #3
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I've been working in a band with a singer who recently decided he no longer wants to be involved due to a misunderstanding with one of the band members. Instead of discussing the issue he has left the band and started another project. In addition to being a musician, I have also been acting as band manager, and have invested a great deal of time, effort, and incurred nearly $2,000 of expense related to getting the whole band project organized. I have not been compensated for any of my work so far, and we had an oral agreement that I would receive an additional 15% compensation on top of my wages as a musician when the band began performing in June. Since the singer has left us hanging, the rest of the band cannot perform without him, nor can we earn any money from potential future shows because of this. The band is a professional unit, and we all expected to earn a respectable amount of money during the rest of the year from performances, and also from recording and releasing a CD of original music later in the year. Can my fellow musicians and I file a claim against the singer for loss of potential income, and can I file an additional claim to recoup some of the money I have already spent/invested in the project? We cannot continue without this particular singer, and because he has chosen to part company with us, we will suffer a loss of income that will affect us. Also, the singer lives in one state, while the rest of us live across the border in another. We rehearse in the state where the rest of us live, and use our rehearsal town as a home base. If we are able to file a claim against the singer, must we file in the state where he resides, or can we file a claim in our state?
Thank you.

One can sue anyone for pretty much anything. However, IF your band had been a successfully operating one, making regularly X amount of $$ and IF the band had a contract with the singer and IF the singer broke the terms of the contract without just cause then the band might have a chance of collecting something by lawsuit.

But potential is just that -- potentiall, a 'maybe' you might have made money, a 'maybe' that the singer was key to the band's success and you will be able to show that his leaving affected the business.

But as things stand, you don't have much chance of seeing a lawsuit go anyplace but out the courtroom door -- dismissed. For lack of proof of damages. And no contract, obligation on the part of the singer to remain, able to walk when he wished. Effort would be better spent finding a good lead singer.
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Old May 6th, 2011, 01:57 AM   #4
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Default Re: Can I Sue For Loss Of Potential Income

Sure, It will cost you $1,200 to $1,500 in filing and attorney fees, with nothing to say you would win, and it sounds like you don't have that amount of cash laying around as disposable.

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Old Sep 5th, 2014, 11:54 AM   #5
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I was terminated from my position abruptly & without notice. I requested an appeal to be reinstated and the company is investigating the circumstance. If I am reinstated, may I sue the person who fired me to recuperate the loss of income over 17 business days? ($3,187.50). In the interim I have applied for comparable positions actively.
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Old Sep 5th, 2014, 01:36 PM   #6
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The company can elect to rehire you. You have no claim against someone who had the authority to fire you. You have only yourself to blame if you believed someone who did not. Your recourse was UI.

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I was terminated from my position abruptly & without notice. I requested an appeal to be reinstated and the company is investigating the circumstance. If I am reinstated, may I sue the person who fired me to recuperate the loss of income over 17 business days? ($3,187.50). In the interim I have applied for comparable positions actively.
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Old Sep 5th, 2014, 06:06 PM   #7
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Originally Posted by FireBrand View Post
I've been working in a band with a singer who recently decided he no longer wants to be involved due to a misunderstanding with one of the band members. Instead of discussing the issue he has left the band and started another project. In addition to being a musician, I have also been acting as band manager, and have invested a great deal of time, effort, and incurred nearly $2,000 of expense related to getting the whole band project organized. I have not been compensated for any of my work so far, and we had an oral agreement that I would receive an additional 15% compensation on top of my wages as a musician when the band began performing in June. Since the singer has left us hanging, the rest of the band cannot perform without him, nor can we earn any money from potential future shows because of this. The band is a professional unit, and we all expected to earn a respectable amount of money during the rest of the year from performances, and also from recording and releasing a CD of original music later in the year. Can my fellow musicians and I file a claim against the singer for loss of potential income, and can I file an additional claim to recoup some of the money I have already spent/invested in the project? We cannot continue without this particular singer, and because he has chosen to part company with us, we will suffer a loss of income that will affect us. Also, the singer lives in one state, while the rest of us live across the border in another. We rehearse in the state where the rest of us live, and use our rehearsal town as a home base. If we are able to file a claim against the singer, must we file in the state where he resides, or can we file a claim in our state?
Thank you.
Without a signed contract with the singer, you don't have a leg to stand on. Any income you can project, by the way, is pure speculation without signed contracts for gigs that now you cannot perform on.

It behooves you all to have a contractual agreement between you all -- proportionately how much each is to paid, how initial investment will be paid back and when-- in other words a real business contractual agreement.

You now will have to find another singer, plain and simple. And reorganize your band. A meeting with an entertainment lawyer might be wise once you have the new group together so all aspects of your business venture are on solid ground.
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Old Sep 5th, 2014, 06:16 PM   #8
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FIC you were sniped by a new post in a necro post.
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Old Sep 5th, 2014, 06:29 PM   #9
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FIC you were sniped by a new post in a necro post.
It's what happens when one doesn't read through the thread.
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Old Sep 21st, 2014, 02:57 PM   #10
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The company can elect to rehire you. You have no claim against someone who had the authority to fire you. You have only yourself to blame if you believed someone who did not. Your recourse was UI.
The investigation cleared my name but I wasn't reinstated. Thank you for your response. Best wishes.
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