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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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An ex employee is literally trying to destroy the business I

Customer Question

An ex employee is literally trying to destroy the business I worked hard to build. Every week she posts something new. Some of the posts get removed by google but some don't and she says horrible things. What can I do.
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
I am not seeing a reply
Expert:  Dr Paige replied 1 year ago.

Hello. You didn't provide many details, but if all of the person's allegations are completely false, you can take screenshots of what is being posted and the proof you have that it is her. You can then look into defamation laws in your area. There are a number of factors involve which I can't answer more thoroughly on without more information. If your company deals with clients, you are public with things such as a Facebook page, etc.. you can also professionally make it known that there is someone with a personal issue towards your company out there. If your company is one which receives reviews from other people in the public, and most to all are positive reviews, you should find value in that. I'm not sue the nature of your business to advise you further. Looking into slander or other types of laws in your area would be the way to go, but make sur eyou have all of your proof available.

Expert:  socrateaser replied 1 year ago.

Hello,

Your question appears to have been inadvertently posted in a mental health category, and then moved to a legal category. I don't know if you still require assistance -- if you do, please feel free to ask a follow-up question and I will try to help.

Thanks for using Justanswer!

Customer: replied 1 year ago.
Thank you, ***** ***** wondering why a psychologist was answering my question. I own a Montessori School. It is very successful however you can please everyone and I also have staff whom I have fired who are bitter. Whoever it is they are leaving very nasty feedback on Google. Things that I can prove are lies. It is difficult to get google to remove feedback. The person leaving it, has posted a total of three things so far. What can I do.
Expert:  socrateaser replied 1 year ago.

You would have to sue the person for trade libel and intentional interference with contract and prospective economic expectations.

Trade libel occurs where a person publishes false and reputation injuring statements of fact about a person's business activities, and causes damages. This is a species of defamation of character. To prevail, the plaintiff must show that the statements are not merely the opinion of the defendant. The defendant must state false facts in order to become liable for libel (no pun intended). Example:

1. I think John Doe is mentally ill. (opinion: not legally actionable, no matter how offensive)

2. John Doe is a NAZI. (actionable libel: assuming that John has never been a member of the NAZI party)

Intentional interference with contract and prospective economic expectations occurs where the defendant interferes with an existing or prospective contractual expectation, for a purpose other than fair competition. The general rule is that the defendant must have malicious intent (i.e., the intent to injure the plaintiff as a punitive measure, rather than to try to successfully outperform the plaintiff in the marketplace).

Sometimes, assuming that the facts are favorable, a letter from an attorney threatening legal action, unless the defendant ceases and desists can scare the defendant into silence. If not, then you would have to sue, at which point, you're likely to get a settlement, because the defendant most likely cannot afford to defend a lawsuit of this magnitude. Especially an unemployed defendant.

If you need a link to a reputable lawyer referral service, please let me know and I will be happy to provide further info. And, if you want to take the matter offline and have me evaluate the actual facts, I can send you an additional services offer.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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