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Cease & Desist, Prior Employer

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abbyalana

Junior Member
What is the name of your state?What is the name of your state? Connecticut

My husband was joking with a co-worker about his prior company (of over a year ago) and made a comment to the effect that he had 2 of the prior companies pricing manuals and he'd sell them cheap. Well, it was overhead and not interpreted as a joke. He has since received a cease and desist notice and request to return the manuals from his prior company's attorney.

The deal is - he doesn't have any manuals. The company issued one upon hire and he lost it about 6 months before leaving - requested multiple times to get a new one from his supervisor - but never did.

I will be writing the response (more my thing) for him to send - and need to know - is this something we should have a lawyer respond to or should the response detail the losing of the manaul, the lack of having the manual and fein complete ignorance of the alleged heresay?

Of course any legal action against my husband is ultimately going to affect our family so I would like to get this matter settled. The clause he signed upon hire also includes something regarding that it is the (employees) responsibility to pay all attorney fees - do you think that they will try to get us to pay for their attorney's time to write the letter?

Any input would be appreciated. Thanks all!
 


Beth3

Senior Member
I guess this is one of those "be careful what you joke about" situations.

Personally, what I would do is not respond to the lawyer but contact the employer directly and speak to whomever there it's appropriate to do so - your husband's former boss or the VP of the department, or the VP of HR, etc. and explain the entire situation and hope the company then calls off their attorney if they find your husband and his explanation credible.
 

abbyalana

Junior Member
Cease & Desist

Beth3 - my only concern here is that they are really unhappy with my husband. They appealed his unemployment 3 times and I'd have to say that he really burned his bridges with this employer (not his usual MO - but it happened). I don't think there is any supervisor or upper management person there that wants to have any conversation with him. It is truly a strained relationship at best. This considered, should be attempt to contact them anyways?
 

Beth3

Senior Member
Too bad he burned his bridges. This is a situation where having a positive relationship with one's former employer would pay dividends. ("Joe says he was only joking and doesn't have any pricing manuals. We always thought highly of him and we believe him.")

I think your husband needs to decide which he's most comfortable with - talking directly to his former employer or responding to the attorney. It's his call.
 

abbyalana

Junior Member
Cease & Desist

Thanks - I am not terribly happy with this whole thing but before responding I wanted to make sure it wouldn't dig us a hole. I am assuming that if I am vague in the letter and just respond to the manual (being non-existant) that it could be the end of it. I am going to see if he can make a call first. With any luck (ha!) he might be able to get them to listen, if not we'll respond to the lawyer. Thanks again!
 

Beth3

Senior Member
I would just comment that the lawyer and/or employer aren't interested in hearing from you, they want to hear from your husband.
 

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