Between the Buried and Me Guitarist Considering Legal Action Over Termination

Between the Buried and Me appear to have parted ways with guitarist Dustie Waring, with Waring himself confirming the news through a legal notice posted to his Instagram account.

The band recently returned to the road on a tour supporting their Colors album, but Waring was not part of the live lineup for the shows. Tristan Auman had stepped in to handle Waring's guitar duties.

While no official word had been given about Waring's absence or termination, a legal document from Waring's lawyer posted to the musician's Instagram Stories indicates that the band have indeed split with Waring and that the move is causing some issues within the group's LLC operating agreement.

What Dustie Waring's Legal Notice Reveals

The letter shared by the guitarist online was drafted by his attorney, Timothy C. Parlatore, Esq., and was being sent to the group's legal representation, Bryan K. Christner, Esq.

In it, it's alleged that the group had initially sought to remove Waring over a sexual assault allegation against Waring that was made against the guitarist in 2023. Waring initially sat out dates on the band's tour, but by September of 2023, he was back with the band with his lawyer issuing a statement that the claims against him had been proven false.

In Parlatore's letter to the band's lawyer, he notes, "The allegations against Mr. Waring were proven false. Upon further investigation, digital forensic evidence confirmed that the allegations of sexual assault were made by a man posing as a female as part of an extortion plot. Removing someone from their company because they were a victim of a crime is not a legally permissible reason.”

The letter also reveals that the allegations weren't the only reason the band attempted to use in dismissing the guitarist. They also called out the musician for his "unsatisfactory" live performances, while citing that they had played two full tours with the guitarist performing from a chair. Parlatore argued that Waring's use of the chair had been due to his recovery from a previous injury.

WATCH MORE: Dustie Waring Plays His Favorite Riffs

Why Dustie Waring Thinks He Was Let Go

Within the exchange, Parlatore also revealed two primary reasons that the guitarist felt he was dismissed.

As noted, "1. That Tommy Rogers was upset that Mr. Waring objected to his wife making public statements supporting the extortionist’s false claims against Mr. Waring: and 2. The band members now realize that by getting rid of Mr. Waring, they each receive a financial windfall of 25 percent of the profits. Whereas before they only received a 20 percent share. This translates to a seven-figure incentive for each member to get rid of Mr. Waring.”

Why Dustie Waring Is Considering Legal Action

Further delving into the complexities of Waring's dismissal, Parlatore notes that the band's LLC containing their operating agreement is impacted.

He notes, "As we have discussed, there is no provision within the operating agreement to force any member of the LLC to be involuntarily removed or force an involuntary sale of their interests in the company. There is also no provision that allows some members to unilaterally reduce the profits to be paid to one of the members of the LLC, yet the financial documents you have provided thus far indicate that this was unlawfully done. This includes the profits from the current tour that Mr. Waring was unlawfully excluded from."

He continues, "If your clients are unwilling to either engage in a reasonable, fact-based, settlement negotiation, Mr. Waring has no choice but to file a lawsuit to ensure that his rights are protected. Given the way the discussions have preceded thusfar. I would strongly advise your client to retain additional counsel with litigation experience to make the discussions more fruitful. However. I need to hear from you by next Friday. April 5, 2024."

"Additionally, Tommy Rogers and Paul Waggoner may be named as individual defendants due to personal conduct, so they may want to hire individual counsel as well. If we are unable to reach a resolution, then I will begin preparing to file in the U.S. District Court.”

What Dustie Waring Had to Say to the Fans

In sharing the legal letter through his Instagram account, Waring also captioned a note for the fans.

"It’s been a tough year for me and everyone who cares for me, but many of you have been amazing and so supportive, it’s moved me beyond anything I could ever imagine," said the guitarist.

"With that said, It’s also been a really eye opening experience, one that has changed me and the course of my life. To have to go through it without the support of some of my brothers was not only hard but quite the shock. You all deserve answers, I’m sorry you didn’t get them before now."

He went on to add that he will offer no further comment and that all inquiries could be directed to his lawyer. The full letter can be viewed in screenshots below.