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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32369
Experience:  Employment Law Expert
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I am being sued and petitioned a permanent injunction after

Customer Question

I am being sued and petitioned a permanent injunction after being fired from my job. Count one is for defamation on a public website rating the practice. They state one was slander and the other was an email a patient sent me when I was employed about the practice that was copied and pasted onto this site. The patient denies she posted. I had nothing to do with either of them. Count 2 is breach of fiduciary duty and duty of loyalty which I do not even know what that means? On top of all of this he has denied my unemployment so I have had zero money for a month. He stated false allegations particularly one which was on a specific day that I was not even in the office, I was in divorce court which I have the documents to prove it. I have an attorney, but I can't talk to her about the petition/summons until tomorrow. I am scared and confused as this has been devastating to me, and could impact my career in the future.When I was let go it was complwtwly amicable and he told me he wouldn't hold my unemployment and if I needed a reference he would be happy to give me one. This Dr. also is illegally charging patients. What are my rights. He is requisiting $15,000 in damages when I do not even have a job, nor am I getting unemployment due to his claims to the state. I countered those with all the documentation proving otherwise.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
They included the full slander, but they did not include the supposed email only I had from the patient so I have no idea what they are talking about? They are stating that email is a HIPPA violation on my part, but again in the summons they did not include this information.
Expert:  Dwayne B. replied 1 year ago.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 1 year ago.
Can I counter for harassment for him trying to sue me for things I didn't do? Are there any options against him since he lied on my unemployment application to try and keep me from receiving benefits? Wasn't the summons supposed to include all details? They speak about a supposed email but did not include it like they included the rating on the healthcare website? What are my chance of being sued? I do not have 15k, not even a job right now. Is his lies to unemployment considered malefic?
Expert:  Dwayne B. replied 1 year ago.

Can I counter for harassment for him trying to sue me for things I didn't do?

Yes, you can countersue for harassment or for sanctions for a frivolous lawsuit.

Are there any options against him since he lied on my unemployment application to try and keep me from receiving benefits?

There's not much you can do about the unemployment benefits although it could be perjury or falsifying a government document, depending on exactly how it happened. However, this is a charge that the State has to pursue.

Wasn't the summons supposed to include all details?

The summons itself doesn't but the complaint/petition has to allege sufficient facts to "state a case". If you need addition facts then you file a motion with the court, such as a Special Exception, asking the court to require them to plead more specifically.

They speak about a supposed email but did not include it like they included the rating on the healthcare website?

There is no requirement that they include the email but you can get it using the discovery process.

What are my chance of being sued?

I'm not sure what you mean by this since you have already been sued.

Is his lies to unemployment considered malefic?

Malefic is not a legal term and the common definition means it involves the supernatural, so no. If you mean were his statements done in bad faith, that's not really something I can address since I can't do a complete evaluation of all of the facts, documents, witnesses, etc. However, it doesn't make a huge difference in the lawsuit itself since that issue has to be handled through the unemployment process and not the lawsuit in which you are engaged.

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