August 03, 2011 04:46:20 GMT
Benjamin Burnley fired Aaron Fincke and Mark Klepaski before suing them over an allegedly authorized song remix.
Breaking Benjamin, who are currently in hiatus, have broken up. Frontman and founding member Benjamin Burnley fired guitarist Aaron Fincke and bassist Mark Klepaski, and took legal action against them for allegedly remixing the group's song "Blow Me Away" without consent.
The dispute over the song remix erupted in May, and ended up with Burnley firing Fincke and Klepaski via e-mail. In the lawsuit document filed in June, Burnley claimed his two former bandmates signed a deal with Hollywood Records to remix their song without his consent. In compensation, he is seeking $250,000.
Also, Burnley is entitled, under the band's partnership agreement, to retain exclusive ownership of the band's name. However, Fincke and Klepaski counter backed the statement. They argued that the agreement they made in 2009 about Burnley having permission to dismiss them for "cause" had been invalid since the band took hiatus in June 2010 due to his illness.
Per judge's order, the dispute is going to arbitration.