Two members of the New York Philharmonic have filed lawsuits against the orchestra, alleging wrongful suspension following a recent magazine article that resurfaced misconduct allegations against them.
Matthew Muckey and Liang Wang filed separate lawsuits in Federal District Court in Manhattan, asserting that the Philharmonic unjustly removed them and violated an arbitrator’s ruling ordering their reinstatement in 2020 after a previous attempt to terminate their employment.
The lawsuits also target their union, Local 802 of the American Federation of Musicians, accusing it of inadequate representation.
In response to the article, which detailed misconduct accusations from 2010, the Philharmonic swiftly suspended Muckey and Wang from rehearsals and performances, with pay, for an indefinite period. The orchestra, currently considering an external investigation into its culture, declined to comment on the litigation, while Local 802 offered no comment.
The accusations in the article include claims made by former Philharmonic horn player Cara Kizer regarding an incident in 2010 while on tour in Vail, Colorado. She alleged being sexually assaulted after spending time with Muckey and Wang, though no charges were filed, and both musicians denied wrongdoing.
In 2018, the Philharmonic, with new leadership, sought to dismiss Muckey and Wang, but their union challenged this, leading to an arbitrator’s decision for their reinstatement in 2020.
Muckey’s lawsuit accuses the Philharmonic of violating the arbitration award by suspending him, while Wang’s suit alleges unjust suspension without cause or explanation, contrary to his employment terms.
Both plaintiffs claim Local 802 failed to assist them in contesting their suspensions, despite the union’s previous support for their reinstatement. The union’s current president, Sara Cutler, has expressed concern over the allegations but has faced criticism from Muckey and Wang for her remarks.
The lawsuits seek unspecified damages, citing harm to their careers, including lost engagements and teaching opportunities.
