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Am I being harassed?

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blakjaks

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

What is the name of your state?ny

I am a manager in a CPA firm. About 8 weeks ago, one of our fellow managers resigned from our firm and acquired a job at a new firm. About two weeks after that, her friend, a staff level accountant in my firm, also resigned. At the time of her resignation, she indicated that she did not have another job lined up.

Two days ago, one of the Partners in my firm informed me that the staff accountant who left our firm had joined the new firm that her friend (the manager who resigned) was employed by. We were not surprised, and it became the office gossip of the day.

Today I received an email before I left my office from the former staff accountant. The email had a MS Word document attached to it. The letter informed me that she was told by "various identifiable sources" that I was discussing her current employment status, that she and I had no current relationship in any shape or form, and that if anything I assert or declare impairs her professional ethics or reputation that she would seek legal action against me. The final sentence of the letter said something like "This letter serves as notice under the laws of New York State."

Needless to say this staff accountant is on her second career, and her first was (and perhaps still is) as an attorney.

I was extremely distressed upon seeing this. I saw the letter as a threat. I responded with an email stating that I did not know what she was talking about, I had not made any assertions or declarations, positive or negative, about her, and that I do not want her emailing me at the office, since my company might disdain continued use of our company email with prior employees especially if those employees left on bad terms.

Unlike this woman, I am no attorney. My basic belief is that my First Amendment rights allow me to speak my opinion to anyone. However I had heard that if someone called me for an employment-related reference for any former employee that I should never say anything negative, otherwise I could be sued.

My basic question is first off - did I do anything wrong? Could I be liable for any sort of damages for this type of office gossip? I never spoke to her new employer, and never was even asked for a job reference for her by anyone at any time. Even the gossip was not slanderous in nature but merely spreading the word of where this former employee wound up, which I imagine is typical in an office environment.

My next question would be, since her letter was plainly threatening litigation, would that in itself be a form of harassment? Usually I am pretty thick-skinned but reading this letter got to me. I broke into a cold sweat when reading it and I was as nervous as I was angry. After all this person knows the ins-and-outs of the law and who knows what she is capable of? She did have a reputation for being vindictive when working for my firm.

Finally, I am hopeful that I never hear from her again, but knowing the type of person she is I fully expect more threatening letters. In the unfortunate event that she continues to send these types of letters to me, especially at my work place, is there any remedy that I can seek like some sort of restraining order?

Sorry for the long winded message and I know this sounds like a petty complaint, but the threat of being sued very much unnerved me.
 


S

seniorjudge

Guest
blakjaks said:
What is the name of your state?What is the name of your state?ny

What is the name of your state?ny

I am a manager in a CPA firm. About 8 weeks ago, one of our fellow managers resigned from our firm and acquired a job at a new firm. About two weeks after that, her friend, a staff level accountant in my firm, also resigned. At the time of her resignation, she indicated that she did not have another job lined up.

Two days ago, one of the Partners in my firm informed me that the staff accountant who left our firm had joined the new firm that her friend (the manager who resigned) was employed by. We were not surprised, and it became the office gossip of the day.

Today I received an email before I left my office from the former staff accountant. The email had a MS Word document attached to it. The letter informed me that she was told by "various identifiable sources" that I was discussing her current employment status, that she and I had no current relationship in any shape or form, and that if anything I assert or declare impairs her professional ethics or reputation that she would seek legal action against me. The final sentence of the letter said something like "This letter serves as notice under the laws of New York State."

Needless to say this staff accountant is on her second career, and her first was (and perhaps still is) as an attorney.

I was extremely distressed upon seeing this. I saw the letter as a threat. I responded with an email stating that I did not know what she was talking about, I had not made any assertions or declarations, positive or negative, about her, and that I do not want her emailing me at the office, since my company might disdain continued use of our company email with prior employees especially if those employees left on bad terms.

Unlike this woman, I am no attorney. My basic belief is that my First Amendment rights allow me to speak my opinion to anyone. However I had heard that if someone called me for an employment-related reference for any former employee that I should never say anything negative, otherwise I could be sued.

My basic question is first off - did I do anything wrong? Could I be liable for any sort of damages for this type of office gossip? I never spoke to her new employer, and never was even asked for a job reference for her by anyone at any time. Even the gossip was not slanderous in nature but merely spreading the word of where this former employee wound up, which I imagine is typical in an office environment.

My next question would be, since her letter was plainly threatening litigation, would that in itself be a form of harassment? Usually I am pretty thick-skinned but reading this letter got to me. I broke into a cold sweat when reading it and I was as nervous as I was angry. After all this person knows the ins-and-outs of the law and who knows what she is capable of? She did have a reputation for being vindictive when working for my firm.

Finally, I am hopeful that I never hear from her again, but knowing the type of person she is I fully expect more threatening letters. In the unfortunate event that she continues to send these types of letters to me, especially at my work place, is there any remedy that I can seek like some sort of restraining order?

Sorry for the long winded message and I know this sounds like a petty complaint, but the threat of being sued very much unnerved me.

Could you cut this in half, leave out all the editorial comments, and ask no more than three questions.

I got lost trying to read this thing.
 

blakjaks

Junior Member
Revised

Ok here is just the top portion then, the brief version:

I am a manager in a CPA firm. 8 weeks ago, one of our managers resigned. Two weeks later her friend also resigned.

Two days ago, one of the Partners in my firm informed me that the second girl now was working for the same firm the first girl was working for. We were not surprised, and it became the office gossip of the day.

Today I received an email from the second girl. The email had a letter attached that informed me that she was told by "various identifiable sources" that I was discussing her current employment status, that she and I had "no current relationship in any shape or form", and that "if anything I assert or declare impairs her professional ethics or reputation" that she would seek legal action against me. The final sentence of the letter said something like "This letter serves as notice under the laws of New York State."

Question 1) When I joked with my office-mates about the second girl's new job, did I commit a crime? Can she sue me?

Question 2) Her letter to me threatened legal action. Was her letter to me a crime? Harassment in the second degree requires a "course of conduct" which I believe means the threats happened more than once.

Question 3) If she continues to communicate with me and threaten me with lawsuits, how do I put a stop to it? Would I be eligible to get a restraining order preventing her from communicating with me?

Editorial commentary: I know this seems very petty, but this girl is an attorney and has a reputation for suing people. I was very unnerved when I received her email and I do not need that kind of added stress and worry, especially at my work place.
 
S

seniorjudge

Guest
Question 1) When I joked with my office-mates about the second girl's new job, did I commit a crime? Can she sue me?
No, joking is not a crime (at least not yet). She can sue anybody for anything at anytime for any reason. Would she win? I don't know.

Question 2) Her letter to me threatened legal action. Was her letter to me a crime? Harassment in the second degree requires a "course of conduct" which I believe means the threats happened more than once.
I doubt that this one letter would be considered harassment.

Question 3) If she continues to communicate with me and threaten me with lawsuits, how do I put a stop to it? Would I be eligible to get a restraining order preventing her from communicating with me?
If she's writing as a lawyer threatening legal action, I doubt that court would give you a restraining order.

Stop talking about or thinking about these bullies.
 

blakjaks

Junior Member
Thanks

Thank you for the reply.

Personally I don't want this thing to escalate. I don't talk about her and really was happier that she left my firm anyway.

It just seems to me that it is an inequity in the system when someone can threaten you with a lawsuit with completely baseless accusations. It disturbs me even more that she can sue me or anyone else at anytime. I know anyone can sue anyone, but wouldn't there be some sort of penalty upon the person filing the suit if they had no just cause? I mean I cannot imagine you can just drag someone into court every time you feel like it for no legitimate reason.

If not a penalty I would hope at least there would be sanctions. She is an officer of the court and her legal actions should be held to a higher standard than the reasonable man.

Thanks again for the info. Hopefully this whole nonsense will just go away.
 

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