Got stiffed on a gig last night

Concrete Pete

Senior Member
Hey Crew,

I'm an extremely tolerant and easy-to-get-along-with kinda guy, BUT my primary rock band (Triple Shot) did a 4 hour gig last night, got free drinks, were promised $100 each, and at the end of the night we were told "I'll have to mail you a check--we didn't take in that much money tonight."
WTF??????????????
I told the guy we all agreed to get PAID at the end of the gig, and have it in writing. (as in contract) He said that he spent a load of money on the bar's expenses, and didn't have the scratch to pay us, even PARTIALLY. (grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr!)

I deal with "cash only" payments for gigs-- no 1099 forms, no checks, no IRS boosheeit.
I called the guy today and he said ''sorry, check wont be mailed until Sunday".

After thinking about it I called him back and said that a check won't do, save up the $$$ to pay us cash, (by next Friday) or my 44 "club brothers", our associates (wink) and I will have a Saturday night "party" at his bar, and will expect free drinks all night, maybe through the weekend. He hung up on me..... maybe I should arrange that party.

What are your experiences with not getting paid-- this is a major 1st for me.

Cheers,
C. P.
 
Hey Crew,

I'm an extremely tolerant and easy-to-get-along-with kinda guy, BUT my primary rock band (Triple Shot) did a 4 hour gig last night, got free drinks, were promised $100 each, and at the end of the night we were told "I'll have to mail you a check--we didn't take in that much money tonight."
WTF??????????????
I told the guy we all agreed to get PAID at the end of the gig, and have it in writing. (as in contract) He said that he spent a load of money on the bar's expenses, and didn't have the scratch to pay us, even PARTIALLY. (grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr!)

I deal with "cash only" payments for gigs-- no 1099 forms, no checks, no IRS boosheeit.
I called the guy today and he said ''sorry, check wont be mailed until Sunday".

After thinking about it I called him back and said that a check won't do, save up the $$$ to pay us cash, (by next Friday) or my 44 "club brothers", our associates (wink) and I will have a Saturday night "party" at his bar, and will expect free drinks all night, maybe through the weekend. He hung up on me..... maybe I should arrange that party.

What are your experiences with not getting paid-- this is a major 1st for me.

Cheers,
C. P.

Well see if you get paid at all now, I wouldnt threaten the bar or try to extort any money from them, I dont think that will get you very far. Ive been paid in checks before, you just have to deal. Be thankful you get paid to play drums at all, not everyone is so lucky. On the other hand, you enter in a contract with the venue and they should honor that. I dont think you handled it very well over the phone though. I would apologize to the owner, cant you pick up the check? If you want to be treated like a professional you have to act professional. Also, I doubt youll ever be able to book there again, so check or not, thats money you wont be seeing again. Is there a contract in writing though? If so, this should be no issue.
 
Im no lawyer, and i dont really think it would be worth the time and effort, but im pretty sure you could sue him for not fullfilling his part of the contract. Verbal and written contracts are legal bindings.
 
Well don't threaten the guy...

I don't know, in these kind of instances a little persuasion often works better than anything else. If he's got the arrogance to promise payment and then renege on that then be firm with the man. This 'bar expenses' excuse sounds like pure BS. He should have some prior experience of simultaneously running a bar and providing live entertainment.
And a four hour set! I'd have gone for the cash register there and then.
 
I reckon...no threats, just constant friendly reminders of how you are legally totally in the right and there's nothing he can do to change that, and that you'll get your money by whatever means necessary. That ought to work, or possibly make him leave the country.
 
What's the problem with a check once in a while? Wait and see if they send it, and if not, then decide what to do. There are plenty of club owners weaseling out of payments altogether, and I think this is a non-issue as long as there's a check in your hands next week. To press the club simply because they want to pay late is kinda petty and guarantees you won't be playing there again.

And making even a slight thtreat was a bad idea. And you got free drinks all night? Not a very good show of faith on the band's part given that the club wants to cooperate. A band has to roll with the punches once in a while.

Now if this becomes a habit with them, that's another story. Of course, it could also become a policy, and that's fine as long as everyone knows up-front. If there's a contract, it should be pretty clear. But trying to nail them for this one infraction is bad karma.

If they end up not paying, that's yet another story, and small claims is your only legal option that won't force you to take a loss in the process.

I've never been stiffed for payment, but I often get paid at a later date than I worked. Sometimes I'm told that I'll get paid for one gig at the next gig. It's not a big deal, and I never bite the hand that feeds me.

Bermuda
 
I have a different approach on this issue than most. First off I would only work Union jobs in as much as possible. That way there would be a grievance process that could be followed through. Secondly if it's non-union, then I would not work there again. Simple as that.

The club owner pays his taxes, liquor license, his electric and water bills, along with vendors and staff (if he didn't he'd be out of business pretty quickly). So why not pay the band as he would any other obligation? He's a businessman!

I agree with Bermuda that it's sometimes acceptable to get paid on a later date, however the key word there is PAID. I would think that this guy refusing to pay his bands would spread like wild fire among the local musicians. Just my thoughts that's all.
 
Yeah bad move especially since the bar was taking it in the shorts giving the band free drinks which would possibly explain the lack of profit. If you have a contract like you claim, you'll get your money. Be careful making threats, not only is it unprofessional and will likely ensure your band will never play there again, but someone down the line may call your bluff and you may be picking yourself up off the floor.
 
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I don't have a law license, but I hold an MBA with a ton of business law classes. The fact you have a contract is good. You were pissed off and didn't handle it well over the phone at all. That is understandable. I have a small business and I have had to deal with all sorts of issues from my clients, not the least of which is getting a late payment. Believe me, I've thrown things around I've gotten so mad at clients before. BUT, you have to look at their end of things also. There are always 2 sides to an argument. The owner could be telling the truth. Things sometimes happen out of your control. He may have had unanticipated expenses the used up the bar's cash for that night. Who knows?

My suggestion, like others' on here, is to call the guy and appologize for being rude and threatening. Gently and kindly remind him that he has a signed contract and you expect it to be fullfilled. If you both can work out an arrangement for payment that is satisfactory to both of you, you are ok. It's always good to leave the other party ok. You never know who HE knows. He may recommend you, he may not. You may never play there again. It's up to you and your band. Try to keep this on a professional level.

If all else fails and you don't get paid, take him to small claims court. You have a signed contract both parties signed (Right?) No judge in the country will ignore that.

You can always call the Better Business Bureau and file a complaint. That will stay on his business record for years. If he shafts bands on a regular basis, it WILL catch up to him.

Good luck!
 
Nothing wrong with a check.

If you're not reporting your cash payment, then technically, you're breaking the law.
I realize it's common place, and most people don't think about it, but two wrongs don't make a right. And neither does a threat.

It would be easy enough to take the owner to small claims court if he didn't pay.

And even easier to just never play his venue again.

Or maybe he does give you a check, and it becomes a regular paying gig for you. Many bands would kill for that.
 
Dude. Venues are closing down left and right all across this country right now. Who cares if you don't get paid in cash that night? I'd say a third to a quarter of the gigs I play get paid by check, including ALL of the corporate gigs (read: big money gigs). You were getting paid, it's not like he said you weren't.

Just as a heads up: Bar owners talk. If you didn't make enough to cover the expense of the band, you probably weren't getting booked at that venue again any time soon. However, by being nice, you might have gotten a second chance. By being incredibly unprofessional, not only will the owner there have no reason to bring you back, but the next time you send out a press kit to a bar and don't hear back from them, it might be because the owner there knows the owner at the place you played. Do this type of thing three or four times, and good luck getting booked anywhere decent. This is especially true when your band starts to get a little bigger, into the better venues...it seems that ALL of the "A" room owners talk to each other...and this can lead to additional bookings, if one likes you, without you even contacting the venues first...or to you pissing off one and being shunned by them all.
 
It's probably not going to be worth taking the case to small claims court and bar owners are very well aware of that. In my experience (30 years plus of playing bars and clubs),
the excuse "we didn't take in enough money tonight" usually means "see ya..you're not getting paid". However, I woud give the guy a chance to pay before making alot of threats.

Making threats can be a little risky......not saying you're wrong, but make sure you know who your dealing with....I've seen this kind of thing get pretty ugly.
 
First off, your band will never play there again, not even if you want to play there for free, not after what you said to the manager.
Secondly, as mrchattr said, word gets around and now your band has a reputation for being antagonistic. Not good.
Thirdly, you do have a mailing address and a bank account, don't you? When the check arrives in the mail just deposit that little sucker right into your account. People do it all the time.
You've got a contract. Good. You weren't willing to work cooperatively with the bar manager, which would have built trust and guaranteed that your band will play there again. Not good. Then you threatened the bar manager with thug-like activity. Bad, very bad.
 
Forget these guys - throw a few bricks through his windows, key the guy's car, slash his tires...steal his dog, the sky's the limit!


...*or*...do what these guys said. Bar owners *do* talk (some areas have bar owner meetings...I know Downtown LA does - they all get together with local police/security and go over *everything*)



My band got stiffed a few weeks back. We were told "$5 cover - after the first 10 people to see you, you get all the $"

The promoter wasn't even there - her "boyfriend" was running the door - and twice I saw people come up and say they were there to see us, and he took their $ and didn't mark anything - I'm outside bringing gear in and walk by him and say "awesome - we've got at least 40 people in there so far" and he says "naw man - 12"

"are you sure?" (we had one big group come all together that was about 20 or so)
"yep"
"are you marking them all down?"
"Yeah..." (now he's acting a little pissed off)
"...huh...okay" (go inside)

Then we find out the dude was charging everyone $10 at the door. Guitar player calls the promoter to find out what's up - no answer. Starts texting with her. She claims "I told you it was $10 and $7 with the flier"

No mention of a flier...definitely not $10...on a Thursday in Pasadena at this location (cool spot - not big - our crowd filled the place - the band before us says after one of their songs "Wow! Where'd all these people come from?!")

She says they'll refund our people - so the guitar player herds everyone back to the "boyfriend" - and after showing the text from her - he won't refund the difference... We call her - and hand him the phone and she's telling him to refund the money and it takes a good 5 minutes for him to finally cave...

Then we find out he gave people back a buck or two...

We go on stage [and rock the joint] and when we get done, the guy is gone... Just took off! There are still 4 more bands after us (I think there were 8 total - they started at 7pm...) so the bar's people have to man the door - which they're not happy with.

We get into a text-war with the promoter - she claims at one point that we brought 12 people - then 8 people ("you didn't even get the 10 minimum"), then 19 people, then 22 people...

"We brought over 40 people... and you overcharged them all and your boyfriend took off with the money before your other bands finished."

Said she'd mail us a check - that hasn't happened. The venue told us that she books there once a week, but after that they weren't so sure - and they said they loved us and to go through them and we can play there whenever we want (what small pub wouldn't love a bunch of young fun-lovin' drinkers?)

I felt like Walter Sobchak wanting back his dirty undies...


UPDATE: Holy crap! My guitar player just called me about this - he just got a money order for $15 - glad we brought 13 people... once we divvy up the spoils I can go get myself a burrito...
 
Chock it up to experience.

Business is business. When we get emotional we become irrational.

Many people will spend $20 to retrieve $10 that was stolen from them, when actually, they could have used that time to make $40.00.

If is truly about the money, do what is prudent to get it back. Waiting on a check would be the only course of action. Once you tick him off you've given him the emotional reason NOT to pay you.

If it is emotional, well, emotions do not belong in business dealings. Just drop it! Why? You usually will find yourself in a position to lose more than is at stake... and most of the time you do. Remember: He has less scruples than you!
 
Hi
Place a notice in the local craiglist regarding your experience with the club and call it a day.

ONLY IF you don't get paid at all. There's a big can of worms with their band's name on it for making a stink over something so trivial.

That's right... trivial. It's not like the club said they're not going to pay. If it's late, and it's a check, I don't see the big deal about it.

BTW, simply getting a check doesn't mean there's any IRS stuff, and any time someone pays someone more than $600 in a fiscal year, they can issue a 1099, cash or not. So playing that place twice basically means the same payee might get a 1099. I doubt the club owner would issue each of you 1099s just shy of $600 each. Besides, the only way to have write-offs is to have income, and 1099s are the way to show you're self-employed (for that portion of your taxable income... please consult your tax guy first though.) If getting 1099s throws too much of a wrench in your taxes, perhaps you should seriously limit your income on such gigs? If you're playing the game right, you shouldn't worry about it. 1099s are your friend.

Seriously, there's a lot of over-reaction here considering that the club is only delaying payment. Get a grip, folks. If they fail to pay or change the amount or delay longer than is comfortable*, then it's time to think about a remedy.

Bermuda


* I'd say in this situation, two weeks is an acceptable period.
 
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