Slander - Adult Pictures Sent To My New Job

[jeff-rtfminc]

What is the name of your state (only U.S. law)? California

I used to be an adult entertainer for many years but I am now retired from that line of work and began working as a personal trainer in a well know gym.

Someone from my past gather approximately 20 pages of pictures etc. and sent them to my new place of employment.

I know for sure who the individual is.

What is my legal recourse and how should I approach this?

 

[Silverplum]

What is the name of your state (only U.S. law)? California

I used to be an adult entertainer for many years but I am now retired from that line of work and began working as a personal trainer in a well know gym.

Someone from my past gather approximately 20 pages of pictures etc. and sent them to my new place of employment.

I know for sure who the individual is.

What is my legal recourse and how should I approach this?

I don't see the problem. What, exactly, are your damages?

 

[jeff-rtfminc]

I am concerned that I may be fired.

 

[swalsh411]

And it is you in those pictures, however embarrassing that might be.

 

[justalayman]

actually, there are a couple possibilities.

photo's are copyrighted. If the person is distributing copies of a photo they do not have the rights to, their action can be ordered to cease.

also, if the act of sending the photos is to intentionally cause you damage, their action is illegal.

Contact a lawyer to review all of the pertinent facts and provide an opinion of what, if any, action is available to you.

 

[tranquility]

also, if the act of sending the photos is to intentionally cause you damage, their action is illegal.

Under what crime or tort statute would the intent be important here?

It's not a public disclosure of private information as:

I used to be an adult entertainer for many years

and I assume the "gather"ing of pictures were from ones released to the public.

I don't know what the OPs remedy or hurt is.

 

[justalayman]

=tranquility;2549163]Under what crime or tort statute would the intent be important here?

[6] Under California law, to make out a cause of action for
intentional infliction of emotional distress, a plaintiff must
show, in relevant part, that the defendant engaged in extreme
and outrageous conduct that exceeded the bounds of what is
generally tolerated in a civilized society. See Trerice v. Blue
Cross of California, 209 Cal. App. 3d 878, 883 (1989). Con-
duct which exhibits mere rudeness and insensitivity does not
rise to the level required for a showing of intentional infliction
of emotional distress. See Schneider v. TRW, Inc., 938 F.2d
986, 992 (9th Cir. 1991).

as well, since the other party is not an involved party, if their action is intended to cause financial injury, you have intentional interference with a business relationship. If the act was not with the intent to cause injury, you have negligent interference with a business relationship or negligent infliction of emotional distress.

California does appear to recognize all of those as torts under their law.

It's not a public disclosure of private information as:
and I assume the "gather"ing of pictures were from ones released to the public.

You assume. Maybe they took screenshots from copyrighted videos. Maybe they took screenshots from a webpage the OP used to have. You assume too much.

as well, if they "gather"ed them from a collection of pictures owned by the OP, then we have other crimes as well.

I don't know what the OPs remedy or hurt is.

Until they lose their job, there is the negligent or possibly intentional infliction of emotional distress. If they are fired, or their occupation compromised due to the action, you then have the negligent or intentional interference with a business relationship.

 

[KnownOne]

\__/ idk lol

 

[cyjeff]

If the information was already in the public domain, the damages will be minimized.

To the OP... why didn't you tell the truth on your job application? Did you not know that there were pictures of you on the internet? Why would you believe that your internet image would never be revealed?

 

[jeff-rtfminc]

These are 2 different worlds. One is adult xxx and one is as a personal trainer in a gym. I have left the adult life behind. The real world doesn't always look upon individuals from the adult industry without prejudice.

I just want to keep my new job and life.

 

[cyjeff]

These are 2 different worlds. One is adult xxx and one is as a personal trainer in a gym. I have left the adult life behind. The real world doesn't always look upon individuals from the adult industry without prejudice.

I just want to keep my new job and life.

Apparently, they are not as different as you thought.

To say that you were advertised on the internet and did everything you could to be noticed one day and then be upset that this advertising worked and you were noticed the next is going to be a tough sale in court.

The court will also state that the time to worry about what the "real world" thought of those that act in pornography was before you took that job.

You will not be able to convince a judge to insist that no one research your very well documented past.

I suggest that you, instead, embrace it rather that pretend it doesn't exist. I assure you that this is not the last time this issue will come up.

If you will forgive the pun.

 

[jeff-rtfminc]

Well today I was suspended due to off duty conduct. This now has effected my well being and ability to support myself.

What is my next step?

 

[Silverplum]

Well today I was suspended due to off duty conduct. This now has effected my well being and ability to support myself.

What is my next step?

For how long are you suspended?

 

[Zigner]

Well today I was suspended due to off duty conduct. This now has effected my well being and ability to support myself.

What is my next step?

Apply for unemployment.

 

[jeff-rtfminc]

Until Friday. I will be receiving a call on Friday. Not sure if that means they will make a decision by then though.