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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111567
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If a person (P), based in the U.S. through his U.S. Employer

Customer Question

If a person (P), based in the U.S. through his U.S. Employer (E), which is a principal entity, and a not for profit organisation, tries to influence another organisation (E2),(not for profit organisation), which is its Affiliate, based in another country (India), to sack its CEO, and intimidates the CEO to resign, (through its office bearers as well), so that the E gets benefitted, can P and/or E be sued by the CEO, for threat, indimidation, etc., and damages as well as suitable compensation be claimed under the U.S. laws in any manner for having undergone the harassment and mental torture? Kindly advise on Legislations/Acts applicable in the said case?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did P or E make any known false statements about the CEO to cause his termination?
What exactly did P and E do to get E2 to terminate the CEO?
Customer: replied 1 year ago.
The termination has not been actualised as the CEO has refused to resign on arbitrary grounds.
P, has written letter to CEO, that his exit from the Indian Company which is an Affiliate of the U.S. company, is his best interest.This is essentially on account of the fact that the Board of the Indian Company has filed a legal case against an Indian Financial Regulator in India, for certain irregularity (which the Government of India has also duly documented on record)... While, this is affecting the business of the Indian Company as well as E. Meanwhile the Chairman of the Indian Financial Regulator has contacted the Chairman of E, who is an Indian, to ensure that the case is withdrawn and the CEO is out of the Indian Affiliate.Incidently, the Chairman of E, and the Chairman of the Indian Regulator have been past business partners as well.P has also sought meeting with the Chairman of the Indian Regulator in this regard.In brief, the Chairman of E, and P, are conspiring to injure, oppress, threaten, and intimidate the CEO in all possible way, including spoiling the reputation of the CEO..to ensure..that he leaves the organisation.Any aligations in the future against the CEO, may not be ruled out as well.E is based in Colorado, U.S.Please answer the above said questions, keeping these facts in mind at your earliest.
Customer: replied 1 year ago.
Meanwhile, in the past..there has been consistent appreciation of the CEO's performance for the last 13 years..Incidently CEO is the Founding CEO of the Indian Affiliate.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In the US, in order to sue someone for such actions as you describe, you have to prove they are making known false statements against the CEO and if there is evidence that P and E are making these known false statements, then they can both be sued for the common law tort of "defamation/slander/libel." In order to prove defamation in Colorado (it is a common law tort, not a statute), you must prove 1) a party made a statement they knew was false at the time they made it to a third party and 2) as a result of the statement the person whom the statement was about has suffered actual damages (monetary damage, inability to continue to manage the company etc). Upon such proof you could seek a monetary judgment against P and E as well for their false statements and the harm that they have caused you.
Customer: replied 1 year ago.
What about intimidation? And trying to mentally harass so that the CEO resigns?Secondly what is the possible Evidence which could be used in this case,and degree viz. preponderance etc.?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That would all be part of the defamation claim. The emotional distress associated with their false statements is included in the CEO claim. If the allegations are true or there is a rational basis for them, then them asking the CEO to resign would not be unlawful.
The evidence burden of proof is a preponderance of the evidence.
Customer: replied 1 year ago.
Please note that there are no allegations..it's just that the CEO is being asked to resign so that the legitimate case is withdrawn..which is essentially based on wth the fact that the Chairman of the Regulator wants the CEO to withdraw the case which is subjudice, and thus the CEO is a victim of prudebe out to avoid e
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So the CEO filed a legal complaint and E and P are trying to get him to resign if he does not withdraw the case?
Customer: replied 1 year ago.
LAST LINE FROM THE PREVIOUS MAIL.. Of prejudiceThere is no morally, ethically, and legal basis, for which the the CEO should leave..In other words the CEO is being denied and restricted to fulfill his legal duty towards his employer.Hope this information also helpPlease include this fact as well..
Customer: replied 1 year ago.
Answer to your question : Absolute Yes.In addition, E's and P's s conduct is causing severe mental torture..Secondly, if s suitable case is f
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It would be considered retaliation and harassment (maybe extortion, since they are trying to use your job to make you drop a legitimate complaint) in the US, both common law tort claims. If they are trying to force you to resign to get a complaint dropped, then you still have a case against them for the harassment and retaliation. In addition to the civil suit, you can also seek to report this to the District Attorney in Colorado where they are located for criminal extortion as under Colorado law, "A person who threatens a person, or his or her property or reputation, to induce that person to act against his will to do an act or refrain from doing a lawful act commits a class 4 felony." See: Colorado Statute 18-3-207 (4).
The problem will be the jurisdiction and claim where the extortion occurred and whether it occurred in India where you are located or in the US where they were when they made the threats, but there at least is a basis that would say that since they made the threats while in Colorado the extortion occurred in Colorado.
Customer: replied 1 year ago.
LAST LINE"...is suitable case is filed, then:1. What is the degree of compensation expected normally in such cases?
2. How much time from is normally warranted for such cases to be accomplishe?
3. What is a normal amount required to file the case ...lawyers fees, etc.4.Can the same case be simultaneous filed in India as well.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
1) There is no way to determine compensation at this point until the evidence is reviewed and your actual losses determined.
2) Generally in the US, a case like this can take 12-18 months at the minimum.
3) Generally, filing fees and initial attorney's fees would be about $1500 to start and then the attorney would likely want 33% of whatever they win for you in the case, it depends on the attorney and you can negotiate fees with them.
4) No, you can file either in India or the US, not both places.
Customer: replied 1 year ago.
Could you please answer the 4 questions..as well as suggest the names of the lawyers/ litigants who could take up this case in the U.S., for me, as I am based in India?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Perhaps you missed it, but I did answer each and every one of your questions above, so if you could please go back and review the above answers (none of your questions were overly complex).
Secondly, we are forbidden by law from making any personal referrals to attorneys, so if you need a local US attorney in Colorado, you can find one in the city where the company is located by using the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com.