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BH, Attorney
Category: Business Law
Satisfied Customers: 313
Experience:  NY and CA Attorney 8+ Years
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I have an agreement with a company when we terminated our working

Customer Question

I have an agreement with a company when we terminated our working arrangement that has specific language that states that neither party will make disparaging comments about the other.

Today I received a call from someone that use to work for the company basically asking if I was still working in the industry since the non-compete lifted recently. This person first contacted me by e-mail and then left a message by Voice Mail. I returned the call and when speaking with the person first I was asked if I was active in the industry, then I asked what made this person call me and he said that he heard I had left the company because of some problem so legal problem.

My question is has the company violated the agreement by circulating such discussion as relayed by this person? Do I have proof, just conversation however I do have the e-mail of th eparty contacting me and asking for me to call him.
Submitted: 5 years ago.
Category: Business Law
Expert:  BH replied 5 years ago.

Bridgeth : Hi. I can help you answer this question. Were the remarks made true or false? If false, you may have an action both under the contract and under defamation laws. I would need to see the contract provision to be able to give you a clear indication of their breach, however, defamation consists of a person making false disparaging statements to another person. To have a case for defamation you have to prove that the statements were ''published", .i.e. communicated to at least one other person. Since this would be slander (oral statements) you could have the other person testify as to hearing the statements themselves. Though damages caused by such statements are not necessary, it is helpful. If the statements are true then the speaker has a defense, however this does not necessarily mean that you still do not have a breach of contract issue depending on the wording of the agreement.
Customer :
Bridgeth : Please let me know if you have any further questions. If you are satisfied with my answer please leave positive feedback.