I was recently let go, should I get a lawyer?
Asked by
Axemusica (
9500)
November 14th, 2009
A couple days ago I was recently let go for “willful misconduct” due to talking about the company I was working for over the internet. I never mentioned the name of the company, though I did mention one of their clients. The client does not only do their business with said company and was just used as an example of the work I preformed for the company.
I just got a letter in the mail saying that they may pursue “legal remedies” against me for directly or indirectly defamation of the company.
Should I talk to a lawyer?
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23 Answers
Well, it depends on what you said. If you talked negatively about the client that could be a problem. That term “legal remedies” is often used in form letters for willful misconduct. One thing to keep in mind is that most states will not award unemployment for termination due to willful misconduct. I would focus more on finding a new job than finding a lawyer.
The client was not talked about negatively, just merely an example of kind of work.
I would talk to an employment lawyer, and get this resolved or at least the ramifications fully explained to you. You may need to be able to explain the situation to other employers, and it may affect unemployment benefits or future employment. Being fully informed is a good idea.
Would it cost anything to talk to a lawyer about it? I’ve never had to deal with anything like this before.
If your an employee at will you generally have no recourse
Since you were let go you don’t have access to lawyer through your work. Therefor you will likely end up paying for one. If you are low income then you can call the state bar and they will direct you to low-income lawyers. If you are really low income then you can seek help through city legal aid. The initial consult is usually not too much money (for us it was 35$ low-income so I assume 60–80 full price?), different type of lawyer though. But all you may need is the initial consult, we did, they give great advice during that time if you find a good one.
They are threatening you with lawyers. Get one of your own.
Lots of times, employment lawyers will do an initial consultation for free, to determine if you have a valid case for a lawsuit. If they think you do, they will then handle the case on a contingency basis, meaning they do the work, and if you win, they take ⅓ of whatever the settlement is. Otherwise, they may charge you for a consultation fee. Ask that up front.
Lawyers generally have specialized areas of practice. You can get suggestions by contacting your local bar association. The Berkman Center for Cyber Law and Society may provide you some interesting insights as well.
“I just got a letter in the mail saying that they may pursue “legal remedies” against me for directly or indirectly defamation of the company.”
Defamation sounds like your internet activity put your place of employment in a negative light. You may not have mentioned the company you work for by name but by identifying the type of work you do and the name of a client it would not be hard to deduce the name of the company you worked for.
I believe a lot has to do with what was said. If you gave the impression your employer was incompetent it could cause the company to lose business starting with the client you mentioned. (Companies google their names all the time to ensure trademark ect. and if they somehow found your correspondence it would reflect very poorly on the company you used to work for.)
If they lose this client due to your posting you could be held liable for damages in which case you will need a lawyer. Hopefully it will not come to that.
Have you asked to speak with the boss at your company and apologize? Sometimes it helps to be honest and sincerely sorry.
@Dog I was going to suggest apologizing as well. But from a legal standpoint that is a bad idea. He would be admitting he did something wrong and they could use that against him in the future. Just a thought.
The first thing you have to determine is whether what you did is really wrong (as in, do they have a valid legal position) or do they just don’t like what you said. Those are two different things.
I would get a lawyer since they are threatening you with a lawsuit, but I have no idea about the chance of success (in germany, you would almost certainly win).
so much for freedom of speech
@RedPowerLady True however they have solid proof of his actions. It is his intent that they are assuming, If he tells them honestly that the intent was not to damage the name of the company they might back off.
(Please note when I say apologize it is for the posts and not to admit wishing to do the company harm- in fact it is a good time to reiterate the innocence of the posts)
Yes, you should get a lawyer ASAP! This is something that can have serious repercussions for your career in future, so it’s best that you get this taken care of right away!
@Dog Personally I think it is a great idea. But where they are threatening legal action I would be inclined to ask a lawyer what they think about me apologizing and exactly what I should say. On the other hand it might look good in court knowing that he did apologize. So that is why I say I’d defer to higher expertise, it’s too complicated, IMO. But really you do have a good point.
I would seek some legal advice in order that you’re protected and know where you stand and how much/what to say as you look for new work.
Well I’ve had the “defamation” removed. I hope that’s what they were asking of me. I don’t want this to pan out into a full on legal war.
@Axemusica, In your past postings, I have been struck by your attention to the quality of your work, and wanting to keep the presses running in an efficient manner, and the lights on for your employer. I say this as someone who spent 20+ years as a print buyer for international accounts. Most of what I bought was 4+ color work, both sheet fed and web. I have been on more third shift press checks than you could imagine, curling up on stacks of paper on the pressroom floor to nap while make-ready wasn’t quite there yet. Important factors for me, in awarding repeat business, was cleanliness of the pressroom floor, regularly scheduled maintenance of press and bindary equipment, and how the pressmen regarded their trade. That is indicative of craftsmanship in printing.
My career has moved me away from printing, and I am now focused more in process improvement in a corporate environment. Management practices and operational realities often don’t fit quite as well as both sides would like to, and that presents opportunities for process improvements. Sometimes solutions are neither A nor B, but C.
Good luck to you.
I would contact your employer.
Kiss their ass. Apologize, hopefully you will walk away just unemployed.
That is the way it goes. Shit happens. That’s business, nothing personal.
Sorry friend.
If you disclose any information, positive or negative it goes against some privacy statements, its almost like OSHA in that you cannot disclose details pertaining to any patients unless authorized. Unless you gave vague examples such as not using the persons name, or any details that could be linked back to them in any matter. Your case would not be viable in court. You could of been praising the person for how great they are, it does not matter, because you were not authorized to disclose details about any clients with third parties. Just as you could be talking about your client I know someone that told me Donovan McNabb was at their hospital and that she took care of their baby, in both cases it is wrong, in any case it is not professional nor ethical. A lawyer would just be a waste of your money.
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