On Will Smith and his company Treyball Studios Management Inc. is being sued by the electric violinist, who alleges wrongful termination, retaliation and sexual harassment—allegations denied by the actor, rapper and producer in a statement from his lawyer.
Brian King Joseph, in a lawsuit filed earlier this week, claims 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 UK.
Joseph, who finished third on Season 13 of America's Got Talent, took to Instagram a few days before filing the lawsuit and posted video from December 27 saying he was hired to do a “big, big tour with someone who's a big name in the industry” but “some things happened” that he couldn't discuss because it was a legal matter.
Electric violinist Brian King Joseph, who was seen performing at the awards ceremony last October, is suing for wrongful termination, retaliation and sexual harassment.
(Tommaso Boddi/Getty Images for the Media Access Awards)
But, he said, “Being fired or blamed or shamed or intimidated or whatever for simply reporting sexual harassment or safety threats at work is not okay. And I know there are a lot of other people who are afraid to speak up, and I understand. If that's you, I see you…More news coming soon.”
In the lawsuit, filed Tuesday in Los Angeles County Superior Court and reviewed by The Times, Joseph alleges that he and Smith began a professional relationship in November 2024, after which Joseph performed at two of Smith's concerts in San Diego and was invited to perform several tracks on Smith's album, “Based on a True Story,” which was released March 28.
After performing in San Diego, Joseph published video performance on Instagram with the caption: “What an honor to share the stage with such legends and a dream team of musicians. From playing in the streets to spreading my music on stages like these, this journey has been nothing short of magical – and it's just the beginning. Thankful beyond words to every single person who made this possible.”
The lawsuit alleges that while working on the album, Smith and [Joseph] started spending more time alone, and Smith even told [Joseph] that “you and I have such a special connection that I don’t have with anyone else,” and other similar expressions indicating his closeness to [Joseph]”
Joseph soon joined Smith and his team for a performance in Las Vegas, the lawsuit says: March 20 at the House of Blues in Mandalay Bay, where Smith's team booked rooms for all participants. Joseph left his bag with a room key in a van that took performers to rehearsal, and then the bag went missing for a couple of hours after he asked someone to bring it to him, the lawsuit says.
According to the complaint, when Joseph returned to his room late that evening, he found evidence that someone had entered his room without his permission.
“The evidence included a handwritten note addressed to Plaintiff by name that stated, 'Brian, I will be back at the latest.' [sic] 5:30, just us (heart drawn), Stone F,” the document states. “Items left behind included tissues, a bottle of beer, 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 without Plaintiff's knowledge.”
Joseph was worried that “an unknown person would soon return to his room to engage in sexual intercourse with him,” the complaint states.
It added that Joseph, “out of concern for his safety and the safety of his fellow performers and crew,” alerted hotel security and representatives of Treyball and Smith, took photographs, requested a new number 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.
Days later, instead of being invited 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 termination to [Joseph]answering: “I don’t know, you tell me, because everyone tells me that what happened to you is a lie, nothing happened, and you made it all up.” So tell me why did you lie and make it up? [Joseph]Shocked by the accusation, he had nothing more to say,” as he believed the reports and evidence from Las Vegas spoke for themselves.
In the lawsuit, Joseph alleges that he suffered severe emotional distress, economic loss and damage to his reputation as a result of the events in Las Vegas and the days that followed. He also claims that the stress of losing his job caused his health to deteriorate and that he suffered from post-traumatic stress disorder and other mental illnesses after his dismissal.
“The facts strongly suggest that Defendant Willard Carroll Smith II intentionally groomed and groomed Mr. Joseph for further sexual exploitation,” the lawsuit alleges. “The sequence of events, Smith's previous statements to the plaintiff and the circumstances of the hotel break-in all point to a pattern of predatory behavior rather than an isolated incident.”
Because of the holiday, The Times was unable to contact Will Smith's publicists or lawyer. However, Smith's lawyer Allen B. Grodsky said Fox News on Thursday said Mr. Joseph's “allegations regarding my client are false, unfounded and reckless. They are categorically denied and we will use all available legal means to address these allegations and ensure that the truth is revealed.”
Joseph's lawyer Jonathan J. Delshad recently filed a lawsuit sexual violence civil suits v. Tyler Perry on behalf of actors who claim the billionaire film and TV producer failed to hire them for future work after they rejected his alleged advances.
Joseph is seeking compensatory and punitive damages and attorney's fees in an amount to be determined at trial.
Last summer, the Based on a True Story tour played 26 dates in Europe and the UK. Nine acts were headlining acts and the rest were festival acts.
