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TexLaw
TexLaw, Attorney
Category: Business Law
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Experience:  Internationational Commercial Attorney
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I have been industry slandered by an associate in a high tech,

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I have been industry slandered by an associate in a high tech, investment casting industry, for 15 + years. This individual once a close friend and an employee has taken a personal issue, twisted and introduced it to the professional arena we compete in for no reason at all. He sits high and mighty in his present position with one of my long time customers and I am continually hearing that he will not give work to any company I work for. I am continually reminded about this through all the people we both know, when asked "what happened between you and Pat?". I don't know what his grudge is about but I am absolutely appalled that I have had to listen to this and others acquisitions. I has just told this morning from the owner of the company I am working for, "that we wont see work from our customer Precision CastParts Corp. if Pat has anything to do with it, has he has recently become employed with them. I have spent the past year rekindling the relationship between my employer and that division.

Can anything be done about the unjust damage to our names in the industry and the unknown corporate internal affect that this has done to us financially?
Hi,

Thank you for your question.

Slander is a form of defamation. Defamation is an untrue statement made by the Defendant to a third party (either spoken or written) which causes one's reputation harm and produces damage. The Defendant has the opportunity to prove that what he is saying is true, and this will work as an absolute defense to a claim of defamation.

Here, if you believe that this person has been speaking or writing untruths about you to third parties, then you have the right to sue him personally and his company for defamation. The measurement of damages would be the lost profits of lost business that was likely turned away because of his defamatory statements.

That being said, what kind of evidence do you have about what he has actually said or written that is defamatory?
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Customer: replied 3 years ago.
Did you get my reply?
Oh no! I did not. It seems the website may be having some technical difficulties today. I apologize for the inconvenience. Can you please resend?

Thanks,
ZDN
Customer: replied 3 years ago.
ZDN,
I have. Several people that could testify on what has been said, though I have never heard what's been said, I have heard back from customers and associates that an implication had been made and an insinuation that the company should not use my services.
Can you give me an example of the kind of things he is saying?
Customer: replied 3 years ago.
As I said I have never heard them directly, but I did here one customer say that he was mad because I did disrespected his wife, how this ever turned into aerospace government contact awarding preferences , I don't know...

Thanks
Gregg
This makes me think that he is also doing what is called "tortious interference with a prospective economic advantage."

To prevail on a claim for tortious interference with a prospective economic advantage, a plaintiff must prove: (1) his reasonable expectation of entering into a valid business relationship; (2) the defendant’s knowledge of the plaintiff’s expectancy; (3) purposeful interference by the defendant that prevents the plaintiff’s
legitimate expectancy from ripening into a valid business relationship; and (4) damages to the plaintiff resulting from such interference.”

This would provide you with a lesser of burden of proof than a defamation lawsuit. Since you don't know exactly what he is saying or whether he is simply voicing an opinion (which if only an opinion, is not actionable defamation), you should also consider this claim. IN this claim, his actions can be punished if a reasonable person in his position would not act as he did to interfere with your potential business.
Customer: replied 3 years ago.

I have many witnesses, in corporate positions that could testify to the slander

Then you can pursue both, but you want to make sure what is being said is actually slander. Don't file a lawsuit for slander/defamation unless you know for certain what is being said.
Customer: replied 3 years ago.
Thanks, XXXXX XXXXX is saying what I have heard then it is slander , is it possible to file some type of restraining order preventing him from further deformation, and more importantly
restricting him from using his personal issues with me when awarding low bid government aerospace contracds or selecting supplies?

Thanks,
Gregg
You may be able to get a temporary restraining order to prevent him from commenting about you or your business during the pendency of the suit. However, as far as him using his personal issues, that is not something the court can control. He can be ordered not to make defamatory statements.
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