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We had an employee that has since been terminated and he

Customer Question
lied about his experience and...
We had an employee that has since been terminated and he lied about his experience and we have had several cars come back. Two of witch were brake jobs and one was involved in an accident. We just don't want this to happen to other shop.
JA: What state is this in? And how old is the car?
Customer: NC
JA: Has anything been filed or reported?
Customer: We are paying for the damage out of pocket
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can we go after him for the money or at least warn other shops?
Submitted: 6 months ago.Category: Legal
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Answered in 8 minutes by:
5/11/2017
Lawyer: LegalPro54, Lawyer replied 6 months ago
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 13,086
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Theoretically if you could prove actual resume fraud (i.e. claiming to work somewhere that the employee never worked, or claiming to have a credential they never earned), you might be able to recover damages. The problem is that a lawsuit is probably not practical for you to pursue. Lawsuits take a tremendous amount of time and money and here the damages would most likely not justify the effort. You will also likely have an issue with judgment collectability. A paper judgment is meaningless unless you can actually get paid.

Regarding warning other shops, provided you make only true statements of fact or subjective statements of opinion, this would typically be legal. But keep in mind you are going after someone's livlihood by doing this, which means they will be highly motivated to protect themselves. Simply because there is no good basis for suing you doesn't mean you won't still be sued by someone with a very strong incentive to do so. So, if you do attempt to "blackball" this person, even with good reason for doing so, it's possible you could find yourself on the defending end of a defamation lawsuit, and then need to spend an attorney several thousand dollars to get the case dismissed.

In short, consider what you have to actually gain from pursuing a lawsuit of your own or "warning" other shops. It's really not that much. I don't blame you at ALL for being frustrated and feeling taken advantage of here. However, the best course of action is probably just to move on and extensively vet future applicants. I trust you will appreciate my candor.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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