Is this character defamation?

[Employee0001]

What is the name of your state (only U.S. law)? The State of New York

I used to work for a company that sells products to other companies and basically hated my boss because he could not properly manage his company and he subjected me to sexual harassment, so I quit.

My question is, can I ask his customers not to do business with him, because he's not a competent manager, for reasons X, Y, and Z, and he subjected me to sexual harassment, for example, he said this and that and it was not appropriate?

If as a result of my letters, lets say he loses 30% of his customers, could he retaliate with a lawsuit?

His customers are other businesses and I know who they are off the top of my head (or can look up their names in the phonebook). I would then use those addresses to contact them via letter.

Also, please state your qualifications if you don't mind.

Dissatisfied Employee

[quincy]

You can read the profiles of posters by clicking on their names.

Your plan to disparage your former employer may result in a lawsuit being filed against you.

I advise against it.

[Employee0001]

Quincy, what type of lawsuit? Would you mind elaborating?

[Antigone*of*Greece]

Originally Posted by quincy

You can read the profiles of posters by clicking on their names.

Your plan to disparage your former employer may result in a lawsuit being filed against you.

I advise against it.

quincy...I just love you...you are too sweet.

My response would have been this: ARE YOU NUTS

[Employee0001]

Assume he deserves it, he is basically a criminal.

[quincy]

There are several torts that deal with reputational injury - defamation, invasion of privacy false light, tortious interference with a business relationship, intentional infliction of emotional distress. . . . . .

If you send letters to your former employer's customers accusing your former employer of incompetence and sexual harassment, I imagine your former employer's attorney will look at each of the above-mentioned torts, and perhaps others, when considering what sort of lawsuit to file against you.

Any time you make a statement that damages someone's reputation, either a business reputation or a personal reputation, you run the risk of being sued.

Your particular plan shows a deliberate intent on your part to harm your former employer. Defenses to lawsuits become limited, when it can be shown that the intent behind the conduct was malicious in nature. Without solid proof to support your claims (ie. a sexual harassment claim that was documented, evidence of incompetence on the part of your former employer), you are likely to lose a lawsuit.

You hated your boss. You are free to express this opinion. Leave it at that, and you won't have to worry about being sued.

[eerelations]

There are legal and appropriate ways to handle sexual harassment issues, and what you propose to do is not only highly inappropriate, it is quite possibly illegal too.

The appropriate and legal way for you to respond to your former employer's treatment of you would be to file a claim with the EEOC for sexual harassment.

[Employee0001]

Are there any real attorneys from New York here?

Tortious Interference with Business Relations

An at-will employee may, however, have a cause of action for tortious interference with business relations if he can demonstrate that defendant’s conduct constituted a crime or an independent tort, or where defendant engaged in conduct for the sole purpose of inflicting intentional harm on him. See, e.g., Lawrence v Union of Orthodox Jewish Congregations of America, 32 AD3d 304 (1st Dept 2006); Lobel and Baker, supra. With regard to this cause of action, I find that claimant has demonstrated merit per Matter of Santana.

[quincy]

And you are asking this why?

But, yes, there is a New York attorney that posts to this forum.

YAG, you around?

[cyjeff]

Originally Posted by Employee0001

Are there any real attorneys from New York here?

Tortious Interference with Business Relations

An at-will employee may, however, have a cause of action for tortious interference with business relations if he can demonstrate that defendant’s conduct constituted a crime or an independent tort, or where defendant engaged in conduct for the sole purpose of inflicting intentional harm on him. See, e.g., Lawrence v Union of Orthodox Jewish Congregations of America, 32 AD3d 304 (1st Dept 2006); Lobel and Baker, supra. With regard to this cause of action, I find that claimant has demonstrated merit per Matter of Santana.

Where did you demonstrate the defendant's conduct constituted a crime?

No, the court of public opinion doesn't count.

Again, trying to humiliate or embarrass someone for a crime that you have not proven legally has been committed and by him/her is a very dangerous course of action.

[quincy]

cyjeff, I think that Employee0001 could be the defendant in such an action - should he implement his plan to contact his former employer's customers with stories of his former employer's incompetence and sexual harassment.

It depends, of course, on all of the facts, but any reputational or economic losses suffered by the employer caused by any negligent (or malicious) misrepresentations by Employee0001 could lead to an action against Employee0001 (especially if Employee0001 has established a competing business). Accusing a business person of incompetence in his trade or profession is defamatory, without evidence of its truth.

If no sexual harassment complaint was filed while he was employed, and no proof of incompetence gathered (and with the only evidence limited to examples "X, Y, Z, and this and that"), he is on pretty shaky legal ground if he writes letters accusing his former employer of such conduct.

I suggest, Employee0001, if you want legal advice based on all of the facts of your situation, you are going to have to sit down with an attorney in your area and provide details and show your evidence. I would certainly sit down with an attorney in your area prior to advancing your proposed plan.

And if you want analysis of the one case you presented for some reason, you can wait for YAG.

[cyjeff]

Originally Posted by quincy

cyjeff, I think that Employee0001 could be the defendant in such an action - should he implement his plan to contact his former employer's customers with stories of his former employer's incompetence and sexual harassment.

Actually, if I read the quoted case correctly, the employer would be the defendant for the sexual harassment charge.... the charge that would, apparently, allow Employee001 to begin the email attack.

However, I will go with your judgement... I read the thing at least three times to try to make heads or tails out of it.... very poorly written.

It depends, of course, on all of the facts, but any reputational or economic losses suffered by the employer caused by any negligent (or malicious) misrepresentations by Employee0001 could lead to an action against Employee0001 (especially if Employee0001 has established a competing business). Accusing a business person of incompetence in his trade or profession is defamatory, without evidence of its truth.

Agree.

If no sexual harassment complaint was filed while he was employed, and no proof of incompetence gathered (and with the only evidence limited to examples "X, Y, Z, and this and that"), he is on pretty shaky legal ground if he writes letters accusing his former employer of such conduct.

Double Agree.

I suggest, Employee0001, if you want legal advice based on all of the facts of your situation, you are going to have to sit down with an attorney in your area and provide details and show your evidence. I would certainly sit down with an attorney in your area prior to advancing your proposed plan.

And if you want analysis of the one case you presented for some reason, you can wait for YAG.

Agree.

I still don't see a license to exact this type of revenge.... especially prior to having PROVEN any of these accusations in a court of law.

OP, that is a very significant point. It isn't sexual harassment unless a court says it is so... until that time, it is no more than your opinion.... and one this malicious would certainly find you in court.

[You Are Guilty]

I'm watching this one from the sidelines. However, there are at least two additional torts the OP's actions could conceivably meet: prima facie and interference with prospective business advantage. So there's at least three counts in the complaint against him, in addition to whatever privacy torts may crop up as well.

[quincy]

Hey, YAG! Employee0001 has, apparently, been waiting for a New Yorker's input here.

Oh, and Cyjeff, I wasn't referring to the quoted case. I didn't read it. I was waiting for YAG to provide his New York lawyer analysis. A Michigander might screw it up.

From what has been posted, I don't think that Employee0001 has any tortious interference claim he could bring against his former employer - although his employer could potentially file one against him if Employee0001 attempts to sabotage the relationships between the former employer and his customers.

I agree with you, Cyjeff, that there does not seem to be any good reason for Employee0001 to contact customers, other than revenge. Revenge can be sweet, until you have to pay the damages awarded against you when you are sued.

The bottom line is that Employee0001 asked if his former employer could retaliate with a lawsuit, and the answer is a most definite yes - this regardless of whether Employee has evidence or documentation or whatever (which he doesn't seem to have). And, even with proof that he was sexually harassed, this would not justify his interfering with the employer's customer base - nor prevent him from losing a lawsuit, should one be filed against him.

[eerelations]

Originally Posted by Employee0001

Are there any real attorneys from New York here?

Tortious Interference with Business Relations

An at-will employee may, however, have a cause of action for tortious interference with business relations if he can demonstrate that defendant’s conduct constituted a crime or an independent tort, or where defendant engaged in conduct for the sole purpose of inflicting intentional harm on him. See, e.g., Lawrence v Union of Orthodox Jewish Congregations of America, 32 AD3d 304 (1st Dept 2006); Lobel and Baker, supra. With regard to this cause of action, I find that claimant has demonstrated merit per Matter of Santana.

You seem to doubt my qualifications to provide you with accurate information. This is just more evidence of your poor judgement.

Regarding the case you cite (and which you obviously haven't read), please note that the quote you've provided clearly states that you may have a cause for interfering with your former employer's business if you can demonstrate that your former employer's conduct toward you constitutes a crime.

Until you have pursued your former employer's sexual harassment through a claim filed with the EEOC, and have won that claim, you CANNOT demonstrate that your former employer's conduct toward you constitutes a crime.

I may not be an attorney, but at least I can read.