Band looking to sue bar owner

[Alyssa G]

What is the name of your state? NY

I have played at this bar for a while and every time, trying to get paid my full amount is like pulling teeth. I only was still playing there because of the fan base. The last two times I have played there I have been screwed out of $250. The owner is doing a massive overhaul to the bar and is driving a $40,000 truck but states he doesn't have the money to pay me the full amount agreed of verbally in front of my four band memebers as well as members of his bar staff. He calls in the middle of our set to ask how much the register and door makes and then pays us based upon that amount rather than our agreed upon amount. This last time (Friday 12/17) He made a total of $1100 between the bar and the door. ($5 cover charge) My fee is $500. He refused stating he was not going to give up half of his pay for the day because he has electric and renovations to pay for. (I have this message saved on my voicemail stating this). He always leaves before I get paid and leaves the bartender to do his dirty work. Do I have a small claims case against him to obtain my $250?

Thanks in advance.

 

[divgradcurl]

Do I have a small claims case against him to obtain my $250?

Sure, but unless you have some "evidence" of the verbal contract -- witnesses willing to testify, etc. -- then you are going to have a tough time proving the contract existed.

 

[somedude]

lesson learned

Get everything in writing.

When you don't, this is exactly what happens. Unfortunately, you are not alone in shady club/bar owners screwing over performers.

When you have everything in writing, including all fees, etc that are to be paid, you have a contract. Then if the club/bar owner does not pay up, then you definitely have a case.