alleges

Will Smith and his company Treyball Studios Management Inc. are being sued by an electric violinist who is claiming wrongful termination, retaliation and sexual harassment — allegations denied by the actor-rapper-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, then fired him before the tour began in earnest in Europe and the U.K.

Joseph, who finished third in Season 13 of “America’s Got Talent,” went onto Instagram in the days before filing his lawsuit and posted a Dec. 27 video saying that he had been hired for “a major, major tour with somebody 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 Media Access Awards)

But, he said, “Getting fired or getting blamed or shamed or threatened or anything like that, simply for reporting sexual misconduct or safety threats at work, is not OK. And I know that there’s a lot of other people out there who have been afraid to speak up, and I understand. If that’s you, I see you. … More updates to come soon.”

In the lawsuit, filed Tuesday in Los Angeles County Superior Court and reviewed by The Times, Joseph alleges that he and Smith struck up 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 for Smith’s “Based on a True Story” album, which was released March 28.

After the performances in San Diego, Joseph posted video of a show 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 sharing my music on stages like this, this journey has been nothing short of magic — and this is just the beginning. Grateful beyond words for every single person who made this possible.”

While working on the album, the lawsuit alleges, “Smith and [Joseph] began spending additional time alone, with Smith even telling [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 crew for a performance in Las Vegas, the lawsuit says — on March 20 at the House of Blues at Mandalay Bay — with Smith’s team booking rooms for everyone involved. Joseph left his bag, which contained his room key, in a van that took performers to rehearsal, and then the bag went missing for a couple of hours after he requested someone get it for him, the suit says.

When Joseph returned to his room late 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 Plaintiff by name, which read ‘Brian, I’ll be back no later [sic] 5:30, just us (drawn heart), Stone F.,’” the document says. “Among the remaining belongings were wipes, a beer bottle, a red backpack, a bottle of HIV medication with another individual’s name, an earring, and hospital discharge paperwork belonging to a person unbeknownst to Plaintiff.”

Joseph worried that “an unknown individual would soon return to his room to engage in sexual acts” with him, the complaint says.

It adds that Joseph, “concerned for his safety and the safety of his fellow performers and crew,” alerted hotel security and representatives for Treyball and Smith, took pictures, 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, rather than being called on to join the next part of the tour, a Treyball representative told him the tour was “going in a different direction,” the lawsuit says, and that his services were no longer needed. The representative “redirected the blame for the termination onto [Joseph], replying, ‘I don’t know, you tell me, because everyone is telling me that what happened to you is a lie, nothing happened, and you made the whole thing up. So, tell me, why did you lie and make this up?’ [Joseph], shocked at the accusation, had nothing further 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 events in Las Vegas and in the days immediately afterward, he suffered severe emotional distress, economic loss and harm to his reputation. He also alleges that the stress of losing the job caused his health to deteriorate and that he suffered PTSD and other mental illness after the termination.

“The facts strongly suggest that Defendant Willard Carroll Smith II was deliberately grooming and priming 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 all point to a pattern of predatory behavior rather than an isolated incident.”

The Times was unable to reach publicists or a lawyer for Will Smith because of the holiday. However, Smith attorney Allen B. Grodsky told Fox News on Thursday that “Mr. Joseph’s allegations concerning my client are false, baseless and reckless. They are categorically denied, and we will use all legal means available to address these claims and to ensure that the truth is brought to light.”

Joseph’s attorney, Jonathan J. Delshad, recently filed sexual assault civil suits against Tyler Perry on behalf of actors who say they were not hired for future work by the billionaire movie and TV producer after they rejected his alleged advances.

Joseph is seeking compensatory and punitive damages and payment of attorney fees in an amount to be determined at trial.

The Based on a True Story tour played 26 dates in Europe and the U.K. last summer. Nine of the acts were headlining gigs, while the rest were festivals.