For Attorney 1, help my name is XXXXX XXXXX with half-truths and leading commentaries on a website apparently endorsed by the local government that I have done contract work for. Is there anything that I can do to stop this? I had drafted a cease and desist letter but was waiting to get paid before I mailed it out, now things have gone from bad to worse. What does a public figure entail? Do I have any recourse for defamation of character? Do EEOC complaints cover contractors? What are the elements of a Notice of Tort in New Mexico? Thanks for your response.
Nothing. Ignoring the website. Doing the best job that I can do when working for them.
Hi, I am a Moderator with Just Answer. I sent your requested Expert a message to follow up with you here, when they are back online. If I can help further, please let me know. Thank you for your continued patience.
Hi, and Welcome to JustAnswer, My name isXXXXX am a Licensed Attorney and would like to help, but need a bit more information, if you do not inind, 1. From a legal standpoint "exploiting" is defined as using or abusing someone or something for gain, income, or profit. Is someone using you name and generating income from such use ?
2. If so, who ?
3. Who is the individual who is doing this ?
4. "Apparently" endorsed by local government; Please explain in one sentence
5. How does the State of New Mexico relate to this ?
Thank you, ANDREA
1. I believe the Mayor Pro Tem is using me as a tool to advance her political career by affiliating the current Mayor with me and causing her as well as myself harm. 2. I believe that the son of the Mayor Pro Tem is using the publicity gained from negative stories regarding me and/or the current Mayor to generate income from his webpage that focuses upon first a national story and then continuing to press non-related issues with me.3. Trustee and Mayor Pro Tem, and her son, webpage designer and contributor.4. Our local government does not have an official webpage that it is in control of but the Mayor in effort to have peace or be more transparent has instructed that all public documents be sent to his webpage.5. I was simply giving you my State of residence for legal purposes. Even though I feel that the adverse action is federal in nature. Although, I was contracted with the Village under various contracts and person(s) at the State level before any of this "new" information about me was trying to dictate to the Village who to hire and who not to, or discriminate against. If you have time to read for yourself, here is the website....www.columbusnewmexico.com/village_of_columbust.htm
Thank you for your additional information,
1. If you believe that you have been the subject of discrimination with respect to contracts being awarded, you would certainly have the right to sue on those grounds. The requirement, or more accurately, prerequisites in this type of action include, but are not limited to, the following: A. A governmental agency was offering a contract;
B. The governmental agency must advertise the contract;
C. The governmental agency must invite bids from the public;
D. The governmental agency must award the contract to the lowest bidder;
E. The aggrieved party had submitted the lowest bid;
F. The aggrieved party was not awarded the contract'
G. The sole reason that the aggrieved party was not awarded the contract was because of discrimination;
H. The aggrieved party suffered damages because of discriminatory practice
The lawsuit must be based on discrimination which has already occurred and a contract has already been awarded. This precludes a party from filing a lawsuit based on discrimination which might happen in the future. In other words, a party cannot file a lawsuit now based on a contingent possibility of discrimination in the future.
2. In lawsuits based on libel, slander, and defamation of character, the truth of the matter written or spoken is always a defense and the Court will always dismiss a Plaintiff's Complaint with prejudice (Meaning that the Plaintiff cannot sue again for the same thing) and enter judgment for the defendant. If the statements made or written are false, then the Plaintiff may file a lawsuit for libel, slander, and defamation of character. Slander is false statements that are spoken, while libel is false written statements. In order to prevail and recover damages in any lawsuit for libel, slander, and defamation of character, a Plaintiff must allege and prove all four (4) elements:
1. First, the Plaintiff must prove that the defendant made a false and defamatory statement , written, or spoken, concerning the plaintiff;
2. Second, the Plaintiff must prove that the defendant made an unprivileged publication to a third party. By "Publication" is meant conveyed, or made known;
3. Third, the Plaintiff must prove that the publisher (The person making or writing the statement) acted at least negligently in publishing the communication;
4. Finally, the Plaintiff must prove special damages. Damages are typically to the reputation of the plaintiff,
Examples of slanderous, libelous, and defamatory statements:
A communication that imputes a serious crime involving moral turpitude or a felony
A communication that exposes a plaintiff to hatred
A communication that reflects negatively on the plaintiff's character, morality, or integrity
A communication that impairs the plaintiff's financial well-being
A communication that suggests that the plaintiff suffers from a physical or mental defect that would cause others to refrain from associating, or doing business with the plaintiff
Please click on the "Smiley Face" so that I receive credit for assisting you, Otherwise, I do not get paid for my time and effort in researching your question, or furnishing you with Answers and information,
Positive Feedback is always appreciated Thank you,
25 yrs Personal Injury, Real Estate & Bus, Family Law, Criminal Defense, Immigration, Employment Law
Relist: Other.My question was for Attorney 1; although the information provided was good, it was not personal and I felt were very generic responses.
Please tell me what I can clarify for you. I do not use "stock" Answers. I prepare each Answer according to the facts a customer has presented. I respectfully XXXXX XXXXX that my Answers were not generic. In each of your situations, the law imposes certain requirements and I gave you those requirements. They are not generic, they are what the law requires in order to file a lawsuit.
Please let me know what is lacking and I will be glad to elaborate, Thank you,
Thank you for added feedback. I do not know if you had a chance to review the website that I posted the address to. That would provide you a good idea of what is being said and done. I feel that I am being discriminated because I am a felon and would like to know if there are specific rights to prevent such action. What really upsets me is that I am good enough to work for them for nothing but when it comes time to contracting for pay I am not. I apologize if I came across rude or unsatisified. I am just a little aggravated with this whole situation.
I will be right with you
Thank you, XXXXX XXXXX sorry if I came across as rude. I think that I expect people to know what I am going through. If you care to follow up that is cool, if not thank you anyways. I will accept your answer now anyways. N
Don't worry, I did not take offense. I understand your position and know how frustrating these things can be. My apologies for not getting back to you sooner. I was in a hurry and went out of town for a few days of seminars which Pennsylvania and New York require in order to maintain an active License to practice and remain in good standing. I just returned and wanted to acknowledge your post. I will look at the website you suggested within the next few days, as soon as I catch up with everything. Please also accept my apologies for Answering a question which was intended for another expert. I truly was not aware that there was an expert on the site with Attorney 1 as a user name. Had I known, I certainly would have left the question alone because I am not in the habit of stepping on anybody's toes.
Thank you for accepting my Answer and the apology; it was both kind and thoughtful. In the meantime, if I can assist you in any other way or other question, please feel free to direct your question to me by simply typing, "For Andrea Only" at the beginning of your question.
Kindest Regards, ANDREA
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).