angry employee

[ACS]

Texas

hello,

I fired an employee and this employee is being vandictive. calling and emailing my clients and telling them that my staff does drugs.

I called my clients and explained the problem, and they understand. I have been ignoring it hoping the employee would give up their "mission" of slander.

Today, another client got a call, this person is at it again. This has been going on now for 4 weeks.

One fo my clients gave me a copy of an email that had recieved, but the email address, name given, and phone is fake of course.

I am thinking of hiring a P.I.

does anyone have a suggestion on how I need to handle This?

Thank you

 

[hexeliebe]

You are certainly within your rights to hire a private investigator to look into the matter. However, even if evidence can be obtained that this person is doing the things you say, unless you can prove you have suffered damages you don't have much of a chance to win in a legal action against him.

Besides, have you heard of a little thing called "Free Speach"?

 

[Beth3]

Don't waste your money on a private investigator. Instead, have an attorney send this former employee a letter demanding he "cease and desist" immediately and threatening him with dire legal consequences if he does not. Given what he's doing, I have no doubt your attorney will be able to come up with several very scary-sounding bases to pursue a potential claim against this individual, including slander, defamation, intential economic interference, etc.

 

[ACS]

Hi beth!!

yes i can have my att. send a letter. my only concern is...what if i am wrong and it is someone else. i have no real proof.

believe me, i feel confident that this is the person because of
tale-tale signs and knowing the situtation but I am not 100 % sure.. just 92.5 (lol)

 

[hexeliebe]

While I respect Beth, I have to disagree. And I base that on the following:

The very first question I would pose to anyone in this situation would be the following:

"What proof do you have that this person is doing this?"

And I don't mean a customer / client told you or an e-mail that does not have his name on it, but verifyable proof I can take into court.

Then the next question I would pose is this:

"What damages have you incurred?"

If you can't prove monetary damages such as lost clients, lost contracts or other such losses, then while you may win the case, you will lose the battle. In other words, you'd get zip.

And the last question I would pose is this:

"You want me to write a letter threatening legal action to someone against which you have no proof of wrongdoing, have not been harmed in any way and against whom you cannot vocalize a legitimate cause of action? Sorry, come back when there is proof that this person is actually doing what you say and I'd be happy to write the letter."

 

[ACS]

thanks hex and beth

i agree that i have no real proof, so I am stuck with hoping that they wear themselfs out.

i don't know what else to possible expect to happen, what other damage the employee can possible cause.

I could be backed into a corner , wanting to come out fighting, but I wouldn't know for sure whose eyes I would want to scratch out

 

[ACS]

could a P.I use the email and find out who sent it?

I would really like to be able to have my Atty. send a letter.

thanks

 

[hexeliebe]

could a P.I use the email and find out who sent it?

On this I would concur with Beth. Hand the e-mail to your attorney and from there he/she can get the information of who owns the account.

But don't hold your breath. It's likely this person is no idiot and has used someone else's computer. But then, people like this aren't born with much brains. So, it's worth a shot.

But my advice still remains. Forget it and move on.

 

[ACS]

ok

 

[Beth3]

hexeliebe, I'm not telling you anything you don't know but he doesn't need proof to have his attorney send a letter threatening legal action if he doesn't knock it off. Whether there is any basis to actually take legal action is another issue. Heck, attornies send letters all the time for their clients, threatening legal action even though there's no legitimate basis to bring a claim. I'm dealing with one right now. "I've advised my client he has a substantial claim for promissory estoppel, detrimental reliance, blah blah blah, however in exchange for $XXXXX..." Right. The check is in the mail.

 

[hexeliebe]

Oh, I agree totally. But that's why some attorney's have ethics. It separates them from those types.