My former employer is contacting my clients, posting derogatory comments on there FB pages and sending me threatening emails. Prior to me blocking him from being able to call my cell phone he was calling and leaving harassing messages. This stems from me leaving his employ and starting my own business about a year ago. I am in direct competition with him. He is telling clients, people I know personally and generally anyone who he can that I am a thief, a liar and most damaging of all...that I have a drug addiction. Those that know me know that this isn't true, but my client base is a Christian based non-profit with conservative leadership and a reluctance to allow a outside vendor to do what it is I do. You can only imagine the messes this causes with my business. Any thoughts?
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Defamation, libel, slander?
- Thread Starter kmshep
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cbg
Super Moderator
When you discussed this with a local attorney, what did the attorney say?
disagreeable
Well-Known Member
Consult a local attorney about "tortuous interference with a business relationship".
fredrikklaw
Moderator
Sticks and Stones!
KMSHEP:
"No, I cannot imagine the mess this causes your business, and quite frankly neither do I want to imagine, guess, speculate, estimate, or project as to the same, because we are not here to play 20-questions and this is not a guessing game…,"
This, of course, would be more or less the type of defensive argument you are likely to encounter from even the most inexperienced, wet-behind-the-ear, and just-out-of-law-school opposing attorney were you to bring a defamation suit against your ex employer. And believe me, you do not want to know how the same argument would be framed and presented by a seasoned court-room brawler of an attorney in support of what would most likely be the defense's Motion for Summary Judgment, which as things stand, the judge will have no option but to grant and end the case in favor of the defence.
Because it matters not an iota what is being said, written, published, or advertised about you to the world, because after all, they are just words and the laws governing Defamation Torts still somewhat adhere to the time honored "Sticks and stones may break my bones, but words cannot hurt me!" adage! Unless, you can make a positive showing that you have suffered Quantifiable Damages as a result of the Defendant's defamatory discourse aimed in you direction.
In other words; let's say the Defendant actually and readily admits to having said and published all that you have alleged in your complaint, but what of damages? The nature and cause or causes of which will have to be averred to in the complaint in detail and very specifically. One potential cause of action would of course be what Disagreeable has correctly suggested above: Tortuous Interference with Contracts and/or other Business Relationship and Economic Advantage.
If you have suffered any such damages, then by all means, take him to task and hold his feet to the fire. But if not, then you may want to explore and consider the benefits of a Cease and Desist Demand Letter and if becomes necessary, a permanent injunction.
fredrikklaw
KMSHEP:
"No, I cannot imagine the mess this causes your business, and quite frankly neither do I want to imagine, guess, speculate, estimate, or project as to the same, because we are not here to play 20-questions and this is not a guessing game…,"
This, of course, would be more or less the type of defensive argument you are likely to encounter from even the most inexperienced, wet-behind-the-ear, and just-out-of-law-school opposing attorney were you to bring a defamation suit against your ex employer. And believe me, you do not want to know how the same argument would be framed and presented by a seasoned court-room brawler of an attorney in support of what would most likely be the defense's Motion for Summary Judgment, which as things stand, the judge will have no option but to grant and end the case in favor of the defence.
Because it matters not an iota what is being said, written, published, or advertised about you to the world, because after all, they are just words and the laws governing Defamation Torts still somewhat adhere to the time honored "Sticks and stones may break my bones, but words cannot hurt me!" adage! Unless, you can make a positive showing that you have suffered Quantifiable Damages as a result of the Defendant's defamatory discourse aimed in you direction.
In other words; let's say the Defendant actually and readily admits to having said and published all that you have alleged in your complaint, but what of damages? The nature and cause or causes of which will have to be averred to in the complaint in detail and very specifically. One potential cause of action would of course be what Disagreeable has correctly suggested above: Tortuous Interference with Contracts and/or other Business Relationship and Economic Advantage.
If you have suffered any such damages, then by all means, take him to task and hold his feet to the fire. But if not, then you may want to explore and consider the benefits of a Cease and Desist Demand Letter and if becomes necessary, a permanent injunction.
fredrikklaw
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