Will Smith and his company Treyball Studios Management Inc. are being sued by an electric violinist who alleges wrongful termination, retaliation and sexual harassment, allegations denied by the actor, rapper and producer in a statement from his attorney.
Brian King Joseph alleges in a lawsuit filed earlier this week that Smith hired him to perform on the 2025 Based on a True Story tour and then fired him before the tour began in earnest in Europe and the United Kingdom.
Joseph, who finished third on season 13 of “America's Got Talent,” took to Instagram in the days before filing his lawsuit and posted a video on Dec. 27 saying he had been booked for “a very, very important tour with someone who is huge in the industry” but “some things happened” that he couldn't discuss because it was a legal matter.
Electric violinist Brian King Joseph, seen performing at an awards show last October, is suing for wrongful termination, retaliation and sexual harassment.
(Tommaso Boddi/Getty Images for the Media Access Awards)
But, he said, “It's not okay to be fired, blamed, shamed, threatened or anything like that, simply for reporting sexual misconduct or threats to safety at work. And I know there are a lot of other people who have been afraid to speak out, and I understand that. If that's you, I'll see you…More updates coming soon.”
In the lawsuit, filed Tuesday in Los Angeles County Superior Court and reviewed by The Times, Joseph alleges that he and Smith entered into a professional relationship in November 2024, after which Joseph performed at two of Smith's shows in San Diego and was invited to perform on several tracks on Smith's “Based on a True Story” album, which was released on March 28.
After performances in San Diego, Joseph posted a video of a show on Instagram with the caption: “What an honor to share the stage with legends like this and a dream team of musicians. From busking on the streets to sharing my music on stages like this, this journey has been nothing short of magical, and this is just the beginning. I am grateful beyond words for every person who made this possible.”
While working on the album, the lawsuit alleges that “Smith and [Joseph] began spending more time alone, and Smith even told him [Joseph] that 'You and I have such a special connection, that I don't have with anyone else', and other similar expressions that indicate your closeness to [Joseph].”
Joseph soon joined Smith and the team for a performance in Las Vegas, the lawsuit says, on March 20 at the House of Blues in Mandalay Bay, and Smith's team booked rooms for everyone involved. Joseph left her purse, which contained her room key, in a van taking performers to rehearsal, and then the purse disappeared for a couple of hours after she asked someone to bring it to her, the lawsuit says.
When Joseph returned to his room that night, according to the complaint, he found evidence that someone had entered his room without his permission.
“The evidence included a handwritten note addressed to the plaintiff by name, which read 'Brian, I'll be back no later [sic] 5:30, just us (heart drawn), Stone F.,” the document says. “Among the remaining belongings were wipes, a beer bottle, a red backpack, a bottle of HIV medication with another person's name on it, an earring, and hospital discharge papers belonging to a person unbeknownst to the plaintiff.”
Joseph was concerned that “an unknown individual would soon return to his room to perform sexual acts” on him, the complaint says.
It adds that Joseph, “concerned for his safety and that of his fellow artists and crew,” alerted hotel security and Treyball and Smith's representatives, took photographs, requested a new room and reported the incident to police using a non-emergency line. Hotel security found no signs of forced entry and Joseph flew home the next day.
Several days later, instead of being called to join the next leg of the tour, a Treyball representative told him that the tour was “going in a different direction,” the lawsuit says, and that his services were no longer needed. The representative “shifted the blame for the dismissal to [Joseph]responding: 'I don't know, you tell me, because everyone tells me that what happened to you is a lie, that nothing happened and that you made it all up.' So tell me, why did you lie and make this up? [Joseph]“Shocked by the accusation, I had nothing more to say,” as he believed the reports and evidence from Las Vegas spoke for themselves.
Joseph alleges in the lawsuit that as a result of the events that occurred in Las Vegas and in the days immediately following, he suffered severe emotional distress, financial loss, and damage to his reputation. He also alleges that the stress of losing his job deteriorated his health and that he suffered post-traumatic stress disorder and other mental illnesses after being fired.
“The facts strongly suggest that defendant Willard Carroll Smith II was deliberately grooming and grooming Mr. Joseph for further sexual exploitation,” the lawsuit alleges. “The sequence of events, Smith's prior statements to plaintiff, and the circumstances of the hotel intrusion point to a pattern of predatory behavior rather than an isolated incident.”
The Times was unable to contact Will Smith's publicists or a lawyer because of the holiday. However, Smith's attorney, Allen B. Grodsky, told Fox News on Thursday that “Mr. Joseph's allegations about my client are false, baseless and reckless. They are categorically denied and we will use all available legal means to address these claims and ensure the truth comes to light.”
Joseph's attorney, Jonathan J. Delshad, recently filed civil sexual assault lawsuits against Tyler Perry on behalf of actors who say they were not hired for future work by the billionaire film and television producer after they rejected his alleged advances.
Joseph seeks compensatory and punitive damages and attorneys' fees in an amount to be determined at trial.
The Based on a True Story tour played 26 dates across Europe and the UK last summer. Nine of the acts were headliners, while the rest were festivals.
