Lawsuit Names Will Smith in Claims of Sexual Harassment and Wrongful Termination

Will Smith has been named in a civil lawsuit filed by a tour violinist alleging sexual harassment, retaliation and wrongful termination connected to Smith’s 2025 “Based on a True Story” album and tour. Smith has denied the allegations through his attorney.

An electric violinist who worked with Will Smith during the entertainer’s recent return to music has filed a lawsuit in Los Angeles County Superior Court accusing Smith and his company of sexual harassment, retaliation and wrongful termination — allegations Smith has denied through his attorney.

The plaintiff, Brian King Joseph, is a classically trained violinist who gained national attention after finishing third on Season 13 of “America’s Got Talent.” In the complaint, filed this week, Joseph alleges he was hired to perform on Smith’s 2025 “Based on a True Story” tour and to contribute to the album of the same name, before being dismissed after reporting what he described as a serious safety incident during a March tour stop in Las Vegas.

Joseph did not publicly name Smith when he first discussed the situation on social media. In a Dec. 27 Instagram video posted days before the lawsuit was filed, Joseph said he had been hired for “a major, major tour with somebody who is huge in the industry,” but explained that he could not share details at the time because the matter had become legal.

“Some things happened that I can’t talk about yet,” Joseph said in the video. “But getting fired or blamed or shamed or threatened or anything like that simply for reporting sexual misconduct or safety threats at work is not OK.”

Joseph added, “I know that there are a lot of people out there who are afraid to say something. If that’s you, I see you.”

 

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Smith and Treyball Studios Management Inc. are named explicitly in the lawsuit. Legal filings, unlike social media posts, require plaintiffs to identify defendants and allege specific conduct under penalty of perjury.

According to the complaint, Joseph and Smith began a professional relationship in late 2024 after Joseph performed at two shows in San Diego. Joseph alleges he was later invited to perform violin parts on tracks for Smith’s album and asked to join the European and United Kingdom leg of the tour.

The lawsuit centers on an incident Joseph says occurred in March while the tour was in Las Vegas. According to the complaint, Joseph misplaced a bag containing his hotel room key and later returned to his room to find what he alleges was evidence of an unauthorized entry with a sexualized intent. The filing states that Joseph discovered a handwritten note addressed to him by name that read, “Brian, I’ll be back no later [sic] 5:30, just us,” followed by a hand-drawn heart.

The complaint further alleges that items left behind in the room included wipes, a beer bottle, a red backpack, an earring and a bottle of HIV medication bearing another individual’s name, as well as hospital discharge paperwork belonging to someone Joseph did not know. Joseph alleges the presence of the note and belongings led him to believe the room had been entered in anticipation of a sexual encounter without his consent.

Joseph claims he feared the unknown individual would return to his room and reported the incident to hotel security, representatives for Smith’s team and local authorities using a non-emergency police line, according to the lawsuit. Hotel security found no signs of forced entry, the complaint states. Joseph requested a new room and returned home the following day.

Several days later, Joseph alleges, he was informed by a representative for Smith’s company that his services were no longer needed and that the tour was “going in a different direction.” The complaint further alleges that Joseph was accused of fabricating the hotel incident and that his termination was retaliatory.

Joseph alleges the experience caused emotional distress, reputational harm and economic loss, and that the stress contributed to anxiety, post-traumatic stress and other health issues. He is seeking compensatory and punitive damages, as well as attorney fees, in an amount to be determined at trial.

Smith, through attorney Allen B. Grodsky, has denied the allegations. In a statement provided to media outlets, Grodsky said Joseph’s claims are “false, baseless and reckless,” adding that they are “categorically denied” and that Smith will “use all legal means available” to contest them and “ensure that the truth is brought to light.”

Smith has not commented personally on the lawsuit.