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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12172
Experience:  JD, MBA
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I have a employer that has not been with company

Customer Question

I have a employer that has not been with company since11/2/15.She is working with one of my competitors and bashes me and uses my pictures to sell there product and put a page up on facebook says Boat Trailers Suck across it and it is the first page of my website. she keeps threaten me says she can you use text messages for court for the past 5 yrs and I have lost a lot of sales because of her and the other company
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Based on those facts, you can sue her for defamation of character for bashing you, and invasion of privacy for using your likeness for commercial purposes without your consent.

If I were you, I'd retain a local attorney to send a cease and desist letter. That will likely put a stop to the use of your image. However, if you can demonstrate lost profits, then you may wish to sue right away even if the bashing and use of your photo stops.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 1 year ago.
How long do i have to file a ceased and deceased letter after she is gone or does it matter .can i mail her one or serve it to her and the employer she is working for do i send them a copy as well.
Is it true in state of Fla allows you to use text messages in court up to 5 yrs old when she had accessed to both mine and my husband phone at all times and will it be hard to win the case against her with the clarifacation from above you advised and she or someone else keeps hacking into my email accts and my sales people and changing our ph numbers and ect.Is theter a way to chk the email acts And phones to see if there is something linked to them.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

You can send a cease and desist letter at any time. There is no time limit, and it would be mailed. Text messages can be used as evidence no matter how old they are. There is no time limit on that either. I'll point out, however, that text messages must be properly authenticated per the rules of evidence. Accordingly, if a text message is not allowed in a case, it's not because it is a text message or older than 5 years. Rather, it would be because the person trying to get it admitted did not comply with the rules of evidence. This is why it is imperative to have an experienced attorney handle litigation. When plaintiffs handle litigation themselves, there is a very good chance that they will not be able to get all of their evidence admitted simply because they don't understand the rules of evidence.

As for the phones and email accounts, I'm sorry to say that I don't know if there is a way check if they were hacked or if something linked to them. That is not really a legal question, and is more of an IT question. My suggestion would be to visit a local computer service center or IT center to ask for help on that issue.

I'm sorry that I couldn't answer your very last question about the hacking, but I hope that my other answers were helpful. Please remember to provide positive feedback. Thank you.

Expert:  TJ, Esq. replied 12 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!