Compnay I did contract work trying to sue me for bad review

[WebbieWorls]

What is the name of your state (only U.S. law)? I live in Tennesse, but company is based out of Florida

First off, sorry for typo in the title.

My reason for posting is, I worked as a freelance designer for a digital media company for 2 years. Well I was let go 3 weeks ago because they said they were "downsizing", well a week after I was let go, the owner called me begging me to come back because the other guys couldn't do what I did.

So fast forward 2 weeks. After I catch up the work load, I was let go this time without warning and the owner refuses to pay me. Let me also add that I was a contract employee who was paid via paypal and the owner/company never sent 1099 or 1099-MISC, he said it was all handled thru paypal.

I posted online reviews about the company not paying me for the work and also made it clear to let everyone know they use fake review by their employees. (even have screenshot of proof)

Now they are trying to sue me for posting my reviews and contacting old clients to ask them if I could use my designs for my online portfolio. I read that when you are a contract webdesigner and there is no non-compete, NDA or any other contract signed, then it is really fair game. It is un-ethical, but it is legal.

Can this company legally sue me even when there was never anything signed? I am also getting all the legal letters from their attorney in email that actually went to my spam folder. For example the last one I got was a Notice of Hearing saying I can attend via telephone.

Any help would be greatly appreciated.

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in Tennesse, but company is based out of Florida

First off, sorry for typo in the title.

My reason for posting is, I worked as a freelance designer for a digital media company for 2 years. Well I was let go 3 weeks ago because they said they were "downsizing", well a week after I was let go, the owner called me begging me to come back because the other guys couldn't do what I did.

So fast forward 2 weeks. After I catch up the work load, I was let go this time without warning and the owner refuses to pay me. Let me also add that I was a contract employee who was paid via paypal and the owner/company never sent 1099 or 1099-MISC, he said it was all handled thru paypal.

I posted online reviews about the company not paying me for the work and also made it clear to let everyone know they use fake review by their employees. (even have screenshot of proof)

Now they are trying to sue me for posting my reviews and contacting old clients to ask them if I could use my designs for my online portfolio. I read that when you are a contract webdesigner and there is no non-compete, NDA or any other contract signed, then it is really fair game. It is un-ethical, but it is legal.

Can this company legally sue me even when there was never anything signed? I am also getting all the legal letters from their attorney in email that actually went to my spam folder. For example the last one I got was a Notice of Hearing saying I can attend via telephone.

Any help would be greatly appreciated.

Your questions isn't "can they sue me" because anybody can sue anybody for anything. The question is whether or not they can win.

In this instance, since truth is always a defense to a defamation case, I am pretty sure that they would be foolish to sue you, particularly since they actually owe you money.

 

[WebbieWorls]

They are doing what they can. Here is the last email I got in my spam folder.

Attached please find a Notice of Hearing regarding the above captioned matter. The Court has granted us this hearing on our Emergency Motion for Temporary Injunction. You may appear by telephone. Please furnish our office with a good telephone number which the Court may call you on at the time of the hearing on Tuesday, May 30th at 10:00 a.m. Thank you.

 

[Zigner]

Your questions isn't "can they sue me" because anybody can sue anybody for anything. The question is whether or not they can win.

In this instance, since truth is always a defense to a defamation case, I am pretty sure that they would be foolish to sue you, particularly since they actually owe you money.

The problem is that our OP made allegations of the company using "plants" for the reviews. I doubt he has enough proof to be able to show that is true. It's too bad that the OP felt the need to air his dirty laundry in public. I suspect it's going to be expensive for him to defend the suit, even if he's successful.

 

[Zigner]

They are doing what they can. Here is the last email I got in my spam folder.

I would suggest that you contact an attorney.

 

[WebbieWorls]

The problem is that our OP made allegations of the company using "plants" for the reviews. I doubt he has enough proof to be able to show that is true. It's too bad that the OP felt the need to air his dirty laundry in public. I suspect it's going to be expensive for him to defend the suit, even if he's successful.

I have proof that they use employees to post fake reviews. I have screenshots of the review with a link to the persons profile which clearly shows his employer which is the same company he did the review on as a client.

 

[Zigner]

I have proof that they use employees to post fake reviews.

You feel that you have proof, but I bet you can't provide proper foundation for it to be admitted as evidence.

 

[LdiJ]

They are doing what they can. Here is the last email I got in my spam folder.

Have you actually been served for this lawsuit or are they sending everything to you via email? Have you seen any piece of official court paperwork? Normally if a telephone hearing is permitted YOU have to arrange it in advance and YOU have to call in to the court. This whole thing sounds very fishy.

 

[WebbieWorls]

Have you actually been served for this lawsuit or are they sending everything to you via email? Have you seen any piece of official court paperwork? Normally if a telephone hearing is permitted YOU have to arrange it in advance and YOU have to call in to the court. This whole thing sounds very fishy.

Nothing in physical form. Everything has been sent to me via email (which came in my spam folder). I haven't talked to anyone or have had anything come to my home or office.

 

[LdiJ]

Nothing in physical form. Everything has been sent to me via email (which came in my spam folder). I haven't talked to anyone or have had anything come to my home or office.

Then you have not been legally served. Did they email you copies of actual court documents? I think that you should contact the court in question and verify that there is an actual case pending. If there is, then you should counter sue (and serve them properly) for the money that they owe you and ask that your suit be heard at the same hearing.