how do avoid slander

[lilley76]

What is the name of your state? FL
I want to alert professionals in my area of an employer who has taken advantage of many people and whose business ethics are dispicable. How do I go about this without allowing her to accuse me of slander? Can I say anything in the newspaper? She is currently trying to push me out of my new job after sticking me with a huge tax debt, and I've found out she has done this to many people who are new and naive in my business. Any ideas?

 

[JETX]

"How do I go about this without allowing her to accuse me of slander?"
*** The only way to prevent being accused of slander is to NEVER, EVER say anything about that person or business.

"Can I say anything in the newspaper? "
*** Of course you can. As long as it is not defamation.

"She is currently trying to push me out of my new job after sticking me with a huge tax debt, and I've found out she has done this to many people who are new and naive in my business. Any ideas?"
*** Yeah. How can somebody "stick" you with a tax debt?? Are they giving you a lot of money then telling you not to claim it??

 

[JETX]

"How do I go about this without allowing her to accuse me of slander?"
*** The only way to prevent being accused of slander is to NEVER, EVER say anything about that person or business.

"Can I say anything in the newspaper? "
*** Of course you can. As long as it is not defamation.

"She is currently trying to push me out of my new job after sticking me with a huge tax debt, and I've found out she has done this to many people who are new and naive in my business. Any ideas?"
*** Yeah. How can somebody "stick" you with a tax debt?? Are they giving you a lot of money then telling you not to claim it??
Give her my address and she can "stick" me with a tax debt anytime she wants!!

 

[lilley76]

gee thanks

So, what is "defamation"? How do you blow the whistle on an evil employer? As far as the tax debt, I went to her straight out of school, knowing nothing about my business. She did tell me that she did not withdraw taxes from my pay, but did not explain that that makes me an independant contractor. Didn't know that my employment situation (product charges,set hours,dress code,base weekly pay amt.) should require her to pay taxes on me as an employee. Product charges were taken out of my earnings before percentage figured, therefore I could not claim them. I was hit with a big shock at the end of the year. My mistake not to find out about quarterly payments, I've always had a W-2 before, and didn't do my homework. Thanks for your sarcasm.

 

[lilley76]

...

I ended up paying almost all of what I made...

 

[JETX]

"So, what is "defamation"?"
defamation
n. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one's occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.

"How do you blow the whistle on an evil employer?"
*** If you have evidence of the 'evil employer' violating any laws, you can report that activity to the proper agency. However, if your definition of an 'evil employer' is simply that you don't like or condone something that they did, you don't 'get even'.

"As far as the tax debt, I went to her straight out of school, knowing nothing about my business."
*** And is that HER fault?

"She did tell me that she did not withdraw taxes from my pay, but did not explain that that makes me an independant contractor."
*** Again, it is your obligation to understand your employment status. Granted, some of our 'schools' are undereducating about 'life facts', but that is not the employers job to educate.

"Didn't know that my employment situation (product charges,set hours,dress code,base weekly pay amt.) should require her to pay taxes on me as an employee."
*** Why didn't you find that out when you were working there??

"Product charges were taken out of my earnings before percentage figured, therefore I could not claim them. I was hit with a big shock at the end of the year. My mistake not to find out about quarterly payments, I've always had a W-2 before, and didn't do my homework."
*** And why would you ever think that your compensation, in any form, should be exempt from federal taxes?? Simply, it isn't.

"Thanks for your sarcasm."
*** Of course, you're welcome. However, it wasn't sarcasm. Just a dose of reality and not being diverted by emotional bullcrap!

 

[fried eggs]

THE PROBLEM
Having to write letters of recommendation for people with very dubious qualifications can cause serious legal troubles in a time when laws have eroded the confidentiality of business letters. In most states, job applicants have the right to read the letters of recommendations and can even file suit against the writer if the contents are negative.

THE SOLUTION
Here is an arsenal of statements that can be read two ways: You are able to state a negative opinion of the ex-employees poor work habits, while allowing the ex-employee to believe that it is high praise. When the writer uses these, whether perceived correctly or not by the ex-employee, the phrases are virtually litigation-proof.

To describe a person who is extremely lazy: "In my opinion," you say as sincerely as you can manage, "you will be very fortunate to get this person to work for you."

To describe a person who is totally inept: "I most enthusiastically recommend this candidate with no qualifications whatsoever."

To describe an ex-employee who had problems getting along with fellow workers: "I am pleased to say that this candidate is a former colleague of mine."

To describe a candidate who is so unproductive that the job would be better left unfilled: "I can assure you that no person would be better for the job."

To describe a job applicant who is not worth further consideration: "I would urge you to waste no time in making this candidate an offer of employment."

To describe a person with lackluster credentials: "All in all, I cannot say enough good things about this candidate or recommend him too highly."

 

[msincognito]

Can I say anything in the newspaper?

Don't confuse your right to "say anything" with the newspaper's duty to publish it. Newspapers are extremely reluctant to become involved in third-party disputes (unless they have a consumer action column, and even then they print only a tiny fraction of the complaints they receive.) Newspapers also have the right to refuse any paid advertisement and will, more often than not, turn down "so-and-so is a bad person" ads.

I'm guessing that you were "employed" as an indepedent contractor (which means you get a 1099 instead of a W-4 and did not have tax withheld.) Is this your situation?

 

[lilley76]

yes...

Yes, I was an independant contractor. What I didn't realize was that as a contractor I have certain rights like scheduling my appts, collecting my money, providing my own products, performing services in my way. I was told I had to follow a dress code, work regular 40 hr week, with specific hours, all my clients paid a company receptionist, I was paid a base pay every week w/ any excess in the form of a "bonus", then charged product charges on every chemical service, although I couldn't choose what products to use. Basically, I feel like I was an employee in every way, and she got out paying her portion of taxes on me. Now she is trying to push me out of my current job, and I 've found out that there are many other girls in town who have had the same experience with her.