H.E.R. Suing Record Label For Illegally Enforcing Her Contract Past It's Expiration & Violating Her Employee Rights: Singer claims company is forcing her to work under a contract she signed when she was 14.R&B songstress H.E.R. is making legal moves to be released from her record label.
According to reports, Gabreilla Sarmiento Wilson – known professionally as H.E.R., alleges she was taken advantage of by her record label MBK. Reportedly, the grammy award winning arist claims the company is forcing her to work under a contract that was signed when she was 14, and allegedly expired in May of 2019. The lawsuit was reportedly filed in the state of California earlier this week (June 16th.)
As part of the main grievance in the lawsuit, the "Damage" singer claims that her manager, Jeff Robinson who owns the record company, unlawfully bound her to a contract extension. H.E.R.'s legal team claims that subsequent becoming her manager, Jeff replaced her original legal team with his own. The label owner proceeded to make deals with these lawyers on behalf of H.E.R. negotiating her touring and publishing rights.Reports state that the lawyers never had a written fee agreement or a conflict waiver signed by H.E.R., and claim to have performed the services 'as a favor' to their client Jeff, who was paid 20% commission for each of those deals while the lawyers took 5%.
Additionally, the legal papers state that as part of those negotiations, H.E.R. was resigned to an extended contract with MBK. However, there's a California law that prohibits record companies to issue non negotiable contracts for more than a period of seven years. As the singer signed with MBK in in May of 2011, H.E.R. says the contract should've ended after May 2019. The report reads:
"H.E.R. claims that her contract forces her to work 'beyond seven years after May 19, 2011' and notes that this is in violation of California Labor Code 2855, which 'prohibits the enforcement beyond seven years of a contract (such as the Agreement) to render services of a special, unique, extraordinary or intellectual character.'"
Reportedly, the docs also allege MBK "significantly limited" her "employment rights." H.E.R. claims that she "has not been free to provide her recording services except as permitted or dictated by MBK." She also alleges that MBK "has exclusively owned the right to exploit her name and likeness for her recordings."
Ultimately, the Academy award winning artist is asking a court judge to agree that MBK's original agreement violates the Seven-Year rule, and is asking for it to be legally deemed "unenforceable." Additionally, H.E.R. is asking for "restitution and disgorgement of funds according to proof; for costs of suit incurred herein; and for such other and further relief as the Court deems just and proper."https://thejasminebrand.com/2022/06/19/h-e-r-suing-record-label-for-illegally-enforcing-her-contract-past-its-expiration-violating-her-employee-rights-singer-claims-company-is-forcing-her-to-work-under-a-contract-she-signed-when-she/
