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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15695
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was rehired at a previous job that I havent worked at since

Resolved Question:

I was rehired at a previous job that I haven't worked at since 2010. Back in 2010 I quit working at the pharmacy because of one of the owners. I was then asked to work for this company and was rehired on the 16 of February. On February 21st I was texted by one of the owners of the job stating that 3 weeks prior he was told by his partner which is another owner that I was involved in theft back in 2010 which is untrue. On February 23rd I was asked by the pharmacist if I would like to type a prescription and I stated not really. On the 24 of bruary prior to my shift starting I was let go from my duties. I believe that the owner that I quit on was not happy that I was back and made up this bogus lie about me because why tell your partner this in 2012 versus in 2010 when I quit. I was wondering if this would be considered a defamation of character.
Submitted: 2 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 2 years ago.

wallstreetesq. : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

From your facts, it seems that you have a possible defamation lawsuit, in order to prove a defamation case, you have to show the the individual made false statements about you to third parties hurting your reputation, and you suffered a financial loss.


If you can prove the the employer terminated due to the false statements, you have a decent defamation lawsuit.
wallstreetesq.40967.9609722569
Customer:

where is your response located

wallstreetesq. :

I will retype it,

Customer:

Ok

wallstreetesq. :

In your situation if you can show you were terminated due to the false statements made against you,

wallstreetesq. :

and that the person making the false statements, knew that his statements were false,

wallstreetesq. :

you would have the elements of a defamation lawsuit

Customer:

How do someone show proof of that?

wallstreetesq. :

You would have to sue them and through the process see if you can discover through review of witness testimony that they stated the false statement, and you were terminated,

wallstreetesq. :

If you do not have clear evidence of the defamation a lawsuit will be difficult,

wallstreetesq. :

What you can do is send a letter to the employer and any person who has made the defamatory statements, to stop their actions or you will sue them, they will stop their actions,

Customer:

Even if I have one of the owner text message stating that

wallstreetesq. :

This is referred to as a Cease and Desist letter,

wallstreetesq. :

The text will help you,

wallstreetesq. :

if you can show that the current employer was told the lie by the previous employer, than you can sue them

Customer:

How can I show that? I just have the text by one of the owners stating that the other owner said that one of their customers said that I was stealing drugs from their pharmacy. They have cameras all over the place. I have never stole and I am upset because I go to school for Criminal Justice and I am currently a Private Investigator

Customer:

I do not want anyone distroying my name like that.

wallstreetesq. :

The only way to prove this is through a lawsuit, and Court ordering the employer to appear in a deposition, and force him to answer your questions about who made the statements to him,

Customer:

He told me in the email the individual who was supposed to have stated that I was stealing. What would be your best advice to me? If I have the text of what the owner said do you think it worth it to try to clear my name. I have never been put in a situation like this so I am just curious. If it was you what would you do?

Customer:

I would I prove that this is truly why he fired me?

Customer:

Sorry... How would I prove this is why he fired me?

wallstreetesq. :

It depends on how much time you have and money, a lawsuit for defamation can cost you up to $10,000

wallstreetesq. :

I would suggest sending a Cease and Desist letter threatening legal action if they reveal any negative information about you,

wallstreetesq. :

The only way to prove these issues, is to have witnesses testify to it, or have him admit it,.

Customer:

Is there a letter format for this type of letter?

wallstreetesq. :

yes,

wallstreetesq. :

I will send you a sample

Customer:

Thank you! I appreciate it

wallstreetesq. :

CEASE AND DESIST DEMAND
Pursuant to Title 17 of the United States Code


February 20, 2011


John Doe
2812 Anthony Lane South
Minneapolis, Minnesota 55418


Dear Mr. Doe:


This law firm represents [CLIENT NAME]. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.


We are writing to notify you that your unlawful copying of [CLIENT’S COPYRIGHTED WORK] infringes upon our client’s exclusive copyrights. Accordingly, you are hereby directed to


CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.


[CLIENT NAME] is the owner of a copyright in various aspects of [CLIENT’S COPYRIGHTED WORK]. Under United States copyright law, [CLIENT NAME]’s copyrights have been in effect since the date that [CLIENT’S COPYRIGHTED WORK] was created. All copyrightable aspects of [CLIENT’S COPYRIGHTED WORK] are copyrighted under United States copyright law.


It has come to our attention that you have been copying [CLIENT’S COPYRIGHTED WORK]. We have copies of your unlawful copies to preserve as evidence. Your actions constitute copyright infringement in violation of United States copyright laws. Under 17 U.S.C. 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement.”


We demand that you immediately (A) cease and desist your unlawful copying of [CLIENT’S COPYRIGHTED WORK] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of [CLIENT]’s copyrighted works.


If you do not comply with this cease and desist demand within this time period, [CLIENT] is entitled to use your failure to comply as evidence of “willful infringement” and seek monetary damages and equitable relief for your copyright infringement. In the event you fail to meet this demand, please be advised that [CLIENT] has asked us to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.


Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Agreementwithin ten (10) days to


[FIRM NAME]
[FIRM ADDRESS]
[FIRM CITY, STATE, ZIP]
Fax: [FIRM FAX NUMBER]


If you or your attorney have any questions, please contact me directly.


Sincerely,


[NAME]


 

Customer:

Thank you

wallstreetesq. :

If you have any further questions please do not hesitate to ask

wallstreetesq. :

If satisfied by our service please press the accept button so we can receive credit

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15695
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 3 other Employment Law Specialists are ready to help you

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