Legal Question in Employment Law in New York

Band hired for one hour, stays 4 without getting to play.

Recently, I was hired to play for one hour at a wedding

at the last minute, so this was all verbal. We agreed on

600 dollars for 1 hour from 7-8. The money was supposed to be waiting for us, in cash.

The band arrived and set up. We waited for a while and

finally the groom arrived, and when asked for payment, said that he had to wait for his best man.

Sometime after the band was supposed to begin, I managed to get 500 dollars of the 6 from the groom, after he got very angry at me. He asked how long we would play, and

I said for the dinner hour.

At 10 we still hadn't played, and we packed up and left.

My band was paid 200 per man for their time and I got 100.

At these type of functions, if you have to stay longer, someone will speak to you about this and work something out. We were completely left out of the loop, and nobody even mentioned anything.

Today I got a call from the groom, the wedding was Saturday, saying that he was going to 1.)sue me for lots of money, and 2.)physically harm me.

What did I do wrong? What can he do? According to my experience, we were there and ready to play, we just weren't utilized, and instead of an hour we were there for 4, which says we are owed for 4.

Thanks!


Asked on 8/30/05, 5:49 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Band hired for one hour, stays 4 without getting to play.

He is in the wrong. Since the contract was oral, $500 is the maximum that can be enforced absent something written to the contrary.

You both performed your end of the deal; perhaps you should have asked before leaving?

If he sues you can counterclaim.

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Answered on 8/30/05, 7:32 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Band hired for one hour, stays 4 without getting to play.

What can he do? Nothing. What did you do wrong? You failed to have a written contract or get paid upfront. If he sues you you should counterclaim for your damages. Further, you might want to consider striking first and suing him for the money you were owed but didn't receive, I believe in small claims court you would likely get a sympathetic hearing.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/31/05, 10:45 am


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