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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7236
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I HAD STARTED A BUSINESS WITH 5 PEOPLE ABOUT 6 YEARS AGO, THE

Customer Question

I HAD STARTED A BUSINESS WITH 5 PEOPLE ABOUT 6 YEARS AGO, THE COMPANY IS STILL OPERATING TODAY, AND ME AND ONE OTHER OWNER WERE WORKING FULL TIME, WHILE THE OTHER 3 OWNERS DID SALES, AND HELPED WHEN THEY COULD AROUND THE SHOP, AND ALL HAD FULL TIME JOBS OUTSIDE THE COMPANY, SO WE HAD 5 PEOPLE TOTAL INVOLVED. AFTER REALIZING THE BUSINESS WOULD NOT BE MAKING ADEQUATE INCOME TO START AND SUPPORT A FAMILY ON, I DECIDED TO LEAVE AND TAKE ANOTHER JOB, FULL TIME JOB, LIKE THE OTHER 3 PARTNERS OUTSIDE THE COMPANY, AND STEP DOWN AS ONE OF THE OPERATORS, AND THE OTHER PARTNER STILL HANDLES THE DAY TO DAY OPERATIONS. AFTER ANOTHER 6 MONTHS OR SO, MYSELF AND ANOTHER ONE OF THE PARTNERS STEPPED AWAY, AND GOT OUT OF THE COMPANY, AND JUST ARE AWAITING TO FINISH RECOUPING ARE INITIAL INVESTMENT BACK. WE STEPPED AWAY TO OVERALL ISSUES OF THE COMPANY, THE OPERATOR WAS SHOWING UP WHENEVER HE WANTED, MESSING UP ORDERS, AND NOT RESPONDING TO CLIENTS, AND ISSUES WITH SOME OF THE PARTNERS AND THEM GOING OUT AND PARTYING, AND ACTING FOOLISH OUT IN PUBLIC, WHILE BEING KNOWN AS OWNERS OF THE COMPANY. SO NOW MYSELF AND ONE PARTNER HAVE STEPPED AWAY, WHILE 3 OTHERS ARE STILL INVOLVED, UNFORTUNATLY, ONE OF THE OTHER PARTNERS STILL INVOLVED IS GOING AROUND TOWN NOW, TELLING PEOPLE I STOLE FROM THE COMPANY, AND THAT'S WHY I LEFT THE COMPANY WHICH IS NOT TRUE ONE BIT, I LEFT DUE TO THE LACK OF EFFORT BY ALL THE OTHER PARTNERS, AND THE OPERATOR INVOLVED. MY BIGGEST CONCERN IS HIM GOING ROUND MAKING THESE ACCUSATIONS TO PEOPLE, SUCH AS I STOLE FROM THE COMPANY, AND ATTEMPTING TO MAKE ME HIS SCAPEGOAT, FOR THE COMPANIES PROBLEMS, AND HIS LACK OF INVOLVEMENT DIDN'T HELP EITHER, AS HE DOESN'T KNOW HOW TO READ FINANCIAL REPORTS, ACCOUNTS PAYABLE, RECEIVABLE, OVERHEAD ETC., AND JUST LOOKS AT WHAT MONEY IS IN THE BACK ACCOUNT, AND DOESN'T UNDERSTAND ASSETS. I WAS IFFY ABOUT GETTING INVOLVED WITH THIS PARTNER, AS HE DOESN'T HAVE MUCH BUSINESS SMARTS OR EDUCATION, AS FAR AS FINANCIALS, AND KNOW I MADE A HORRIBLE DECISION GETTING INVOLVED. MY BIGGEST CONCERN NOW IS HIM GOING AROUND AND MAKING THESE FALSE ALLEGATIONS, AND DAMAGING MY REPUTATION. I KNOW NOT TO MANY PEOPLE TAKING HIM SERIOUSLY, BUT DO NOT APPRECIATE HAVING MY NAME DRUG THROUGH THE MUD, AND MAKING FALSE ACCUSATIONS AGAINST ME, AS WE ALL KNOW MANY OF THE SAME PEOPLE AROUND TOWN. AS HE TOLD THIS TO A FRIEND OF MY WIFE AT A BAR ONE NIGHT, CLEARLY INTOXICATED OUR FRIEND SAID, "THAT I LEFT THE COMPANY CAUSE HE CALLED ME OUT FOR STEALING", WHEN SHE DID NOT EVEN ASK HIM ABOUT THE COMPANY OR MYSELF. ALL THE OTHER PARTNERS WERE WELL AWARE OF THE FINANCES, AND THAT IT WAS ALL ACCOUNTED FOR, ENTERED IN QUICK BOOKS, LOGGED IN THE BANK ACCOUNTS, ALL INVENTORY WAS TRACKED, ORDERS ACCOUNTED FOR AND UP TO DATE, WHICH CAN NOT BE SAID FOR THE COMPANY THESE DAYS. CLEARLY ME AND THIS PERSON DO NOT GET ALONG, NOR DO I WANT TO EVER ASSOCIATE WITH HIM IN ANY WAY, BUT IS THEIR ANY LEGAL ACTION I CAN TAKE TO SHUT HIM UP, AS IT WILL BE IMPOSSIBLE TO HAVE A RATIONAL CONVERSATION WITH HIM. I HAVE TALKED WITH THE OTHER PARTNERS ABOUT THE SITUATION AND THEY SAID THEY WOULD SAY SOMETHING TO HIM, BUT I DON'T FELL THAT WILL HELP THE SITUATION. IS THERE ANYTHING REGARDING FALSE ACCUSATIONS, OR ANY LAWS THAT COULD BE USED AGAINST HIM, TO ATTEMPT TO REMEDY THIS SITUATION?
Submitted: 3 years ago.
Category: Legal
Expert:  Irwin Law replied 3 years ago.

Hello, and thanks for submitting this question. By accusing you of theft, the fellow has slandered you. He can be sued for damages. Here is a discussion about the law of slander. Collectively known as defamation, libel and slander are civil wrongs that harm a reputation; decrease respect, regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an individual or entity. The injury to one's good name or reputation is affected through written or spoken words or visual images. The laws governing these torts are identical. See: http://legal-dictionary.thefreedictionary.com/Libel+and+Slander

 

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Customer: replied 3 years ago.

What kind of things would I have to prove to get a ruling against him? Would I need others to testify in court? I don"t really want to get others involved, in the situation as we all have many common associates and friends, and don"t want people having to think they have to choose sides in the situation. Is there anything I can file against him, or an attorney could file against him on my behalf, and still be able to get a ruling in my favor against him? I"m not trying to get any monetary gain, I just want him go on his own way, and stop making false accusations against me, as I no longer am involved in the business. what are awards and findings typically in slander cases?

Expert:  Irwin Law replied 3 years ago.

There is something called a "cease and desist" notice/letter, which is basically a letter from your attorney telling him that what is doing constitutes slander. The letter will tell him that he is to stop making these comments immediately or be sued for slander. Any attorney will know exactly what to put in the letter. For more information and a sample of what the letter looks like, see: http://thompsonhall.com/cease-desist-defamation-of-character-template-example-sample-form/

I hope that this information is helpful. If not, and you need further information, please do not rate this Answer and just send me a Reply asking for clarification. After that, I hope you will enter a positive rating so that I will be compensated for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 3 years ago.

If he does not cease and desist what would have to be proven, to get a favorable ruling against the individual, for slander? would people have to testify in court and etc? How does one obtain a favorable ruling? like mentioned before I don"t want others to have to get involved in the situation.

Expert:  Irwin Law replied 3 years ago.
If you take him to court and he denies accusing you of theft then you will have no choice. You will have to have the people he spoke to testify as to what he said to them about you. Otherwise you have no case because you cannot testify about what they told you he said. That is called "hearsay" and it is generally not admissible in court. The person you are referring to might not understand how serious it is to accuse someone of being a thief. In such cases, a strongly worded letter from your attorney should solve the problem without going to court.

I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.