THIS is defamation?? I don't think so! HELP!

[imjustagoyle]

What is the name of your state? Florida

On one of the online review sites, I wrote a not so glowing review about a former employer. I received a threatening letter from their attorney, demanding I remove/edit my review as it was defamatory (ok, it probably was). I edited it, to say the following:

"Well you would have seen my review here, but my opinion of this business made the owner a little uncomfortable so he had to have his big bad lawyer send me a threatening letter to remove it. Funny thing is, last I checked, this is an OPINION site and freedom of speech is still active in this country. I didn't realize my opinion was against the law. Let this be a lesson to you, and I think this speaks volumes over what I originally wrote in my review anyway."

So today, I get another letter saying it's STILL defamation. HUH? Nothing I've said in that review is defamatory. Isn't defamation defined as something said or written that is *untrue* that causes harm or embarassment? I don't get it. What legal leg do they really have to stand on?

As if that weren't enough - they've involved my CURRENT employer, simply because I wrote a positive review about them. What on earth does this have to do with them? The reviews were written of my own accord, on my own time. My boss thinks it's ridiculous and threw the letter away. However, this latest letter says that "they have been awaiting a response from (my boss) or another representative of the company, but have not yet recieved one."

Seriously. Nothing better to do with his time? Do they really have a case? They are saying if I don't edit that review by tomorrow, they will file suit. They have more money than me.

 

[BelizeBreeze]

So, why don't you learn to keep your mouth shut?

Honestly, without knowing exactly what you posted in your ORIGINAL entry on the forum, no one can tell you whether or not it was defamation.

 

[HomeGuru]

What is the name of your state? Florida

On one of the online review sites, I wrote a not so glowing review about a former employer. I received a threatening letter from their attorney, demanding I remove/edit my review as it was defamatory (ok, it probably was). I edited it, to say the following:

"Well you would have seen my review here, but my opinion of this business made the owner a little uncomfortable so he had to have his big bad lawyer send me a threatening letter to remove it. Funny thing is, last I checked, this is an OPINION site and freedom of speech is still active in this country. I didn't realize my opinion was against the law. Let this be a lesson to you, and I think this speaks volumes over what I originally wrote in my review anyway."

So today, I get another letter saying it's STILL defamation. HUH? Nothing I've said in that review is defamatory. Isn't defamation defined as something said or written that is *untrue* that causes harm or embarassment? I don't get it. What legal leg do they really have to stand on?

As if that weren't enough - they've involved my CURRENT employer, simply because I wrote a positive review about them. What on earth does this have to do with them? The reviews were written of my own accord, on my own time. My boss thinks it's ridiculous and threw the letter away. However, this latest letter says that "they have been awaiting a response from (my boss) or another representative of the company, but have not yet recieved one."

Seriously. Nothing better to do with his time? Do they really have a case? They are saying if I don't edit that review by tomorrow, they will file suit. They have more money than me.

**A: post the first unedited review word for word without deletion, revision or paraphrasing.

 

[imjustagoyle]

So, why don't you learn to keep your mouth shut?

Honestly, without knowing exactly what you posted in your ORIGINAL entry on the forum, no one can tell you whether or not it was defamation.

WTF is your problem? Isn't this a forum for HELP? You are so helpful with your rolly eyes.

 

[imjustagoyle]

**A: post the first unedited review word for word without deletion, revision or paraphrasing.

Original review:

"BUYER BEWARE!!! Crooked owner!
The owner of this staffing agency is crooked! Do not use them if you like to deal with ethical people. The owner (CEO) uses third party agencies to fill his open jobs and then doesn't pay the third party companies. He also "steals" from his employees under the guise of "repayment" of commissions that haven't been paid by clients. CROOKED!!!! "

BTW, the history is, I sued him for stealing my freaking commissions and he did do what I said, he used third party agencies and then never paid them. When I filed suit against him, he filed BK and opened under a new name.

 

[HomeGuru]

Original review:

"BUYER BEWARE!!! Crooked owner!
The owner of this staffing agency is crooked! Do not use them if you like to deal with ethical people. The owner (CEO) uses third party agencies to fill his open jobs and then doesn't pay the third party companies. He also "steals" from his employees under the guise of "repayment" of commissions that haven't been paid by clients. CROOKED!!!! "

BTW, the history is, I sued him for stealing my freaking commissions and he did do what I said, he used third party agencies and then never paid them. When I filed suit against him, he filed BK and opened under a new name.

**A: I just wrote an excellent retort (with some case law citations) that you could have emailed their attorney with respect to your constitutional rights etc. And that email would have shut the attorney up for good.
But, I just read the post you made to Breezy. So because of that I press my delete button.

(the following was deleted on purpose)

Send that jackass attorney an email stating

you can reference these case law cites


Further, constitutional and case law supports the postion


the rights to

After the attorney read the email, you will not hear from him again.
End

 

[HomeGuru]

WTF is your problem? Isn't this a forum for HELP? You are so helpful with your rolly eyes.

**A: your attitude sucks so your needed response got sucked out from my post.

 

[imjustagoyle]

**A: I just wrote an excellent retort (with some case law citations) that you could have emailed their attorney with respect to your constitutional rights etc. And that email would have shut the attorney up for good.
But, I just read the post you made to Breezy. So because of that I press my delete button.

(the following was deleted on purpose)

Send that jackass attorney an email stating

you can reference these case law cites


Further, constitutional and case law supports the postion


the rights to

After the attorney read the email, you will not hear from him again.
End

Jeez, I've been greeted with open arms here, I see. Really, I don't know why Breezy crawled all over me about what I posted - "So, why don't you learn to keep your mouth shut?"?? Why was that necessary? And then to roll eyes at me as if I'm stupid?? I'm not an attorney, I don't understand why that kind of treatment was warranted.

 

[HomeGuru]

Jeez, I've been greeted with open arms here, I see. Really, I don't know why Breezy crawled all over me about what I posted - "So, why don't you learn to keep your mouth shut?"?? Why was that necessary? And then to roll eyes at me as if I'm stupid?? I'm not an attorney, I don't understand why that kind of treatment was warranted.

**A: imjustagargoyle, live and learn.

 

[imjustagoyle]

**A: imjustagargoyle, live and learn.

Live and learn, what, exactly? That I came here for help and was mocked and insulted? Perhaps I can write a review about this site now.

 

[BelizeBreeze]

Live and learn, what, exactly? That I came here for help and was mocked and insulted? Perhaps I can write a review about this site now.

Yes, you can write a review about anything.

What you CANNOT do however, is accuse someone of a crime, which you did in your "opinion".

The attorney STILL can sue you, even though you edited your post.

Now, live and learn and CLOSE MOUTH!

 

[imjustagoyle]

Yes, you can write a review about anything.

What you CANNOT do however, is accuse someone of a crime, which you did in your "opinion".

The attorney STILL can sue you, even though you edited your post.

Now, live and learn and CLOSE MOUTH!

I know that they can sue me - anyone can sue anyone for anything. The question is, can they WIN? Do they have a case? That was the question. Why is it still defamation if my edited review contains no false information?

Also, I told them I'm curious why they weren't pursuing legal action with "**** A" who plagerized my original review. I suggested they might want to contact the review site, to get **** A's contact info as well.

Not to mention, they run the risk of being sued by ME, for involving my employer and possibly injuring MY income. My employer isn't even involved - I wrote the reviews on my own time, of my own accord. Why do they keep trying to involve them?

Now, let's not be so snarky, ok? Please.

 

[stephenk]

you have enough money saved to hire an attorney at $250/hour to defend you in a defamation lawsuit that you will surely lose? your retraction emphasized your belief of the original post as being the truth.

 

[BelizeBreeze]

I know that they can sue me - anyone can sue anyone for anything. The question is, can they WIN? Do they have a case? That was the question. Why is it still defamation if my edited review contains no false information?

Also, I told them I'm curious why they weren't pursuing legal action with "**** A" who plagerized my original review. I suggested they might want to contact the review site, to get **** A's contact info as well.

Not to mention, they run the risk of being sued by ME, for involving my employer and possibly injuring MY income. My employer isn't even involved - I wrote the reviews on my own time, of my own accord. Why do they keep trying to involve them?

Now, let's not be so snarky, ok? Please.

What a damn fool

 

[imjustagoyle]

Nice! You guys are very helpful.

Luckily, I was able to get in touch with my REAL attorney and he advised me sans snark.