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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 54525
Experience:  32 years of experience practicing law and a businessman.
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An individual interviewed with our company and decided he

Customer Question

An individual interviewed with our company and decided he did not like his interviewer's personality. He said in an email he "will not be proceeding further with the interview process and will tell everyone he knows to stay away from the company." According
to the interviewer (who has done many interviewers and has a record of professional behavior), he did not ask any out of the ordinary questions or behave unprofessionally. Is there anything we can do to prevent this individual from stating negative things
about the company or harming its reputation? He did not sign a confidentiality agreement upon being interviewed, but we're wondering if there is any other claim we would have (slander, interference with business)? Or could we inform his current employer of
his behavior? Ultimately we don't want to sue him but rather send a letter asking/demanding he not do as proposed. It would be good to have some gravity behind the letter by referencing the other recourse we would take if he does not agree to stop (e.g. reference
some claim we would have, or that we would inform his employer, etc.) Thank you.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.

Hi there. My name is ***** ***** I look forward to helping you.

Yes, his actions would give you a cause of action for defamation. Let me explain what constitutes defamation first. Defamation can result from either slander or libel. Libel is defamation that can be seen...i.e, a writing, printing, effigy, movie,or statue. Slander is defamation that is spoken and heard. They are both civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity. The laws regarding libel and slander are the same. To prevail in a defamation suit for libel or slander and recover damages, a person ("Person A") must prove 4 things: (i) another person ("Person B") conveyed a

defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication. Your situation would satisfy the foregoing elements. Typically, before actually filing the suit, you would send them a letter detailing the situation and demanding that they: i) retract all prior defamatory statements made, and ii) cease and desist from making any in the future. In my experience, the letter is generally sufficient as the offending party will comply with your demands rather than risk the costs of a suit they are sure to lose, the actual and possibly punitive damages that may be imposed by a court, and the judgment being on the record.

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