go on with your response
Thank you for your follow-up.This appears to be a situation where you can claim that the bank is violating the 'fiduciary duty' that they owe to you, specifically by maintaining proper, confidential, private, and correct records of your transactions. Therefore they have no right or ability to discuss your situation with third parties, even family, as they are not privy to your specific situation as they are not your agents via a power of attorney. Furthermore if the information is false, this also can be considered defamation of character. To prove defamation four factors must be shown:1. A defamatory (untrue) statement2. Of or concerning the plaintiff3. Communicated to third parties AND4. Caused damages, specifically financial damages.Defamation is harder to prove than a breach of fiduciary duty, and frankly the latter is far more serious of a charge to be levied against the bank. Consequently making such an accusation is likely to have the manager seriously attempt to resolve this issue as quickly and as painlessly as possible so as to avoid litigation.Good luck.
Thank you Dimitry,
What do you think about me recording the meeting?
Thank you for your follow-up, and you are most welcome.Ohio recording laws permit recording of any conversation so long as one party to that conversation has consented to the recording, or there is no reasonable expectation of privacy. Here, so long as you consented to your own recording, there is no legal issue or concern for you to worry about--this is permitted.Good luck!
In resolving this issue, should set as a condition that the bank manager/bank write me an official letter to clear my name, since in actuality this is a false accusation.. Also, in looking at the definition of breach of fiduciary duty, it seems to apply to employee/employer relationship and not necessarily client to agent relationship... Is my reading in error?
I have found this definition at :http://legal.practitioner.com/regulation/standards_9_3_6.htm
If I am in error, please provide me a source where this definition is specifically addressing client to agent relationship as it is in my case. Also, in what way does the bank manager seek to personally benefit?
Thank you for your follow-up.I am not sure what that letter ultimately will accomplish. You suffered no real injury and other than a potential apology the bank is not really required to provide you with anything beyond it.As for a 'fiduciary duty" I am afraid that is incorrect. ANYONE who provides services to you in terms of your financial management is your fiduciary. For example if I run someone's estate, I am their fiduciary in that role. A power of attorney is the principal's fiduciary. A banker is your fiduciary if you are keeping funds in that bank. The bank manager is not 'benefiting', he or she is merely violating the rule for maintaining confidentiality.Please review this definition:http://legal-dictionary.thefreedictionary.com/fiduciary+dutyGood luck.
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