The alternative rockers have been torn apart by the feud which was detailed in the Citizen’s Voice of Wilkes-Barre which is the band’s home town. It quotes court documents which claim the row came to a head in May when Burnley gave guitarist Aaron Fincke and bassist Mark Klepaski their marching orders via email.
According to the Citizen’s Voice, Burnley has accused Fincke and Klepaski of making unilateral and unauthorised decisions on behalf of the band – and specifically allowing ‘Blow Me Away’ to be remixed and re-recorded without his consent. It is alleged that Fincke and Klepaski approved the revised version of the song, for use on a greatest hits package, after their record company offered a $100,000 payment. But Burnley insists that neither Fincke or Klepaski or their representatives informed him, the band’s lawyer or management that any offer was even made.
Fincke and Kelpaski strongly ‘dispute and strictly deny’ the allegations while they also claim a 2009 agreement which grants Burnley the powers to dismiss the pair with due ‘cause’ is invalid after the singer told his bandmates in June 2010 that he was ill and could no longer perform live concerts. Around the same time, attorneys claim, Burnley refused to perform at a concert in Vancouver, B.C. and has appeared on stage only twice since.
Burnley, in the June court filing, says he is entitled, under the band’s partnership agreement, to retain ownership of the band’s name and had the ‘exclusive right’ to tour and record under the Breaking Benjamin banner in the future.