Need info on Sueing

[crabcake]

See, I was thinking daycare.

Individual employees of daycares don't need to be licensed, I don't believe ... just certified in first aid, cpr, etc.

 

[MMDad]

Individual employees of daycares don't need to be licensed, I don't believe ... just certified in first aid, cpr, etc.

Whatever profession it is, it obviously requires a great deal of education. I'd say at least a master's degree.

 

[Kain99]

I'm more interested in sexual harassment.

 

[MMDad]

I'm more interested in sexual harassment.

Then why don't you sit on my lap and tell me all about it?

 

[On_the_Water]

It does not require a masters out here. But maybe done under an apprentaceship. Which she has employees that work for her now that do not have enough hours to work under an appreticeship but do anyway. My biggest concern is I am opening up my own buisness and my name is being misused. I am licensed in my profession and the dates she is stating I worked for this company is since June 2007 but Actually I didn't evn live in the state of MD til July which then I started with one comp and in aug went to hers but then left to start my own biz. She is stating I am currently working at this one comp and have been since June. That she seen my license in my office and it was not MD certified. But she has never been to my old employer and met with me in my office. So how would she know all this. She filied this in sept and like I said left there in July and her place of biz in Aug.

 

[Nicole_in_somd]

I would like to here from anyone who has, has been, knows of, or known someone who has been sued for slandering or knows what you need to sue someone for it. So anyone who knows a lawyer or is one please help me out as I am expirencing some difficulty with a former employer. Thank you to anyone who can help out.

Can you tell me more about it?

Did they bad mouth you for a job reference? Are they bad mouthing you to co workers???

What do you mean by slander?

If what they are saying is the truth but it is done with intent to prevent you from gaining employment it becomes a legal issue and can cause the employee to "win" unemployment from the employer. Is that what you are talking about?

Or if your employer lied about you and it stopped you from getting a job, you can ask the "potential employer" who did not hire you to act as a witness in a suit against the former employer or provide documentation of the phone interview they conducted for the reference. You may be able to file a suit for slander. If that is what you want then you have to have all your ducks in the row.

For starters, have a lawyer draft a cease and desist letter to the employer indicating that you will file suit.

 

[crabcake]

It does not require a masters out here. But maybe done under an apprentaceship. Which she has employees that work for her now that do not have enough hours to work under an appreticeship but do anyway. My biggest concern is I am opening up my own buisness and my name is being misused. I am licensed in my profession and the dates she is stating I worked for this company is since June 2007 but Actually I didn't evn live in the state of MD til July which then I started with one comp and in aug went to hers but then left to start my own biz. She is stating I am currently working at this one comp and have been since June. That she seen my license in my office and it was not MD certified. But she has never been to my old employer and met with me in my office. So how would she know all this. She filied this in sept and like I said left there in July and her place of biz in Aug.

Honestly, this sounds pretty silly/petty. It's a he said/she said kind of thing ... It's not like she's taking out a public advertisement saying "Jane Doe is operating without a license and has committed felonies while working for me."

 

[crabcake]

Can you tell me more about it?

Did they bad mouth you for a job reference? Are they bad mouthing you to co workers???

What do you mean by slander?

If what they are saying is the truth but it is done with intent to prevent you from gaining employment it becomes a legal issue and can cause the employee to "win" unemployment from the employer. Is that what you are talking about?

Or if your employer lied about you and it stopped you from getting a job, you can ask the "potential employer" who did not hire you to act as a witness in a suit against the former employer or provide documentation of the phone interview they conducted for the reference. You may be able to file a suit for slander. If that is what you want then you have to have all your ducks in the row.

For starters, have a lawyer draft a cease and desist letter to the employer indicating that you will file suit.

Actually, many companies today have potential employees sign a statement releasing your references from lawsuit/etc. if they provide a bad reference as a measure to get around that ... hell, that's the whole point of calling references -- to get the skinny on Jane Doe's job performance. :shrug:

 

[Kain99]

Then why don't you sit on my lap and tell me all about it?

Sounds like a great idea! Shall I call you Daddy?

 

[Nicole_in_somd]

This would not constitute slander. For it to be slander it has to be a malicious lie and there has to be some way to show a loss. If a former employer is providing factual information about you, then there may be privacy rights violations but no slander.

Agreed.

 

[Nicole_in_somd]

Actually, many companies today have potential employees sign a statement releasing your references from lawsuit/etc. if they provide a bad reference as a measure to get around that ... hell, that's the whole point of calling references -- to get the skinny on Jane Doe's job performance. :shrug:

You can sign the waiver but it still will n ot excuse them from intentional slander. If they are purposely trying to stop you from gaining employment that can be investigated, truth or not.

If it is slander that waiver is not worth the paper it was printed on.

 

[dems4me]

Actually, many companies today have potential employees sign a statement releasing your references from lawsuit/etc. if they provide a bad reference as a measure to get around that ... hell, that's the whole point of calling references -- to get the skinny on Jane Doe's job performance. :shrug:

Also I agree with you about the malicious intent just isn't there. Again, as you stated its not like she took out a full page ad out or anything, just verbal he said she said stuff. You are also correct on companies being leary about references... I worked for a firm for 10 years and their policy was to always verify employment and dates - they had a policy that you coulnd't give a bad or good comment about any employee - just verify employment. :shrug:

 

[On_the_Water]

Well I will have a meeting with a lawyer set up just to see if i got anything. I signed no waver. It's not like I can't get employment. It's just that with myself opening a new biz. She is directing potential clients away. She's more bent out of shape cause I left her place of employment to start my own. I told her it wasn't working and gave her a notice. So now she is left with no one to run her biz for her. Which is something she knew was coming and should have prepared for as a biz owner. But all in all I will meet with a lawyer and talk it out with them. Thank you all who replied.

 

[dems4me]

Well I will have a meeting with a lawyer set up just to see if i got anything. I signed no waver. It's not like I can't get employment. It's just that with myself opening a new biz. She is directing potential clients away. She's more bent out of shape cause I left her place of employment to start my own. I told her it wasn't working and gave her a notice. So now she is left with no one to run her biz for her. Which is something she knew was coming and should have prepared for as a biz owner. But all in all I will meet with a lawyer and talk it out with them. Thank you all who replied.

Good luck. Let us know how it turns out.

 

[BS Gal]

Well I will have a meeting with a lawyer set up just to see if i got anything. I signed no waver. It's not like I can't get employment. It's just that with myself opening a new biz. She is directing potential clients away. She's more bent out of shape cause I left her place of employment to start my own. I told her it wasn't working and gave her a notice. So now she is left with no one to run her biz for her. Which is something she knew was coming and should have prepared for as a biz owner. But all in all I will meet with a lawyer and talk it out with them. Thank you all who replied.

So, what business are you opening? I need a haircut and a pedicure.

 

[On_the_Water]

I will be opening a salon. Just not sure if I will start my own or buy into a corporation for advertising reasons. But if I do my own I would love to have mani's, pedi's, hair, nails, massage, waxing, and ear candling. The whole kit and kabodle a day spa more or less that caters to families for a low budget cost.

 

[BS Gal]

I will be opening a salon. Just not sure if I will start my own or buy into a corporation for advertising reasons. But if I do my own I would love to have mani's, pedi's, hair, nails, massage, waxing, and ear candling. The whole kit and kabodle a day spa more or less that caters to families for a low budget cost.

Ya don't say?

 

[awpitt]

Well I will have a meeting with a lawyer set up just to see if i got anything. I signed no waver. It's not like I can't get employment. It's just that with myself opening a new biz. She is directing potential clients away. She's more bent out of shape cause I left her place of employment to start my own. I told her it wasn't working and gave her a notice. So now she is left with no one to run her biz for her. Which is something she knew was coming and should have prepared for as a biz owner. But all in all I will meet with a lawyer and talk it out with them. Thank you all who replied.

When talking to the lawyer, remember, they're going to be concentrating on what damages you have suffered ($) and if they can be proven. Typically, in civil cases, lawyers work on contingency. So if there's not much there, they'll probably tell ya it's best to move on. I don't know if this is something that would be appropriate for small claims court or not.

 

[BernieP]

you can try this or seek a lawyer for advice
Defamation Laws - Slander and Libel Laws

what they said

 

[MMDad]

When talking to the lawyer, remember, they're going to be concentrating on what damages you have suffered ($) and if they can be proven. Typically, in civil cases, lawyers work on contingency. So if there's not much there, they'll probably tell ya it's best to move on. I don't know if this is something that would be appropriate for small claims court or not.

Since she's thinking about opening a business and has not done so, I doubt any damages have been suffered. The "slander" was to a State agency that is investigating the truth, so there has been no damage to her public reputation. The only way for there to be damages is if the public heard the slander and decided not to patronize her new business because of that.

It's pretty much impossible to prove that there are damages to a business that doesn't exist yet.