- 11,996
Re: Slander
You might be surprised.
Did you have an agreement to arbitrate in your agreement with them or no? If so, that's a really cheap way to start legal action.
I've actually been in a similar situation to yours and resolved it with the previous employer. Although I'm sure there are some major differences, you're getting some pretty bad advice on here.
Do you have a master client list?
Best thing you can probably do at this point is document everything and notify them in writing that you're aware of what's going on and advise them to stop. You might also want to look into what they're saying because it is very difficult to prove defamation in any form, especially verbally. If there is any shred of truth to what they're saying or if it's subjective, it's likely not slanderous. If you do have an agreement to arbitrate in your employment arrangement with them, I'd get that ready and advise them that if they don't stop making the claims they do that you intend to take action.
A few points:
-Your non-compete is probably junk, but even if it's not, it doesn't prevent you from talking to them. The non-compete prevents you from stealing the business, not having conversations with them. To take that a step further, even if you weren't supposed to talk to them (which isn't the case), you have a legitimate legal reason for speaking to them and that would trump it anyway. For example, process servers generally cannot be convicted of trespassing because they had a legal reason to be there. If you have pending litigation or are considering litigation and are investigating accusations being made about you, that's a legitimate reason to be talking to them. I would however avoid selling them anything for obvious reasons.
-Odds are what they're saying isn't going to hurt you that much. You mention another agent having troubles, but do you know if they actually did anything wrong?
-Generally the DOI isn't going to get involved in matters like this, they are civil matters.
-Absent an agreement to arbitrate in your contract, you can likely file a small claims suit for the maximum amount fairly inexpensively and spend some time talking to an attorney to help you layout your claim. Is it worth the hassle? Probably not, but it is a less expensive option than traditional litigation.
-If they really do have a history of filing suit against agents for frivolous purposes, that would likely work in your favor.
Best advice: Most counties have a bar referral service that will give you either a free consultation or a substantial discount on the hourly rate for a consultation which will give you the advice of an attorney in your area more familiar with the way those courts work. If you do believe there is a chance you will find yourself in the misfortune of being attacked that way, I wouldn't hesitate to find a local attorney that offers free consultations or one from the bar referral service to get better insight from qualified individuals. Heck, you can probably find a few to give you a free consultation, might as well get a few opinions if you really believe this has the potential to turn ugly.
You might be surprised.
Did you have an agreement to arbitrate in your agreement with them or no? If so, that's a really cheap way to start legal action.
I've actually been in a similar situation to yours and resolved it with the previous employer. Although I'm sure there are some major differences, you're getting some pretty bad advice on here.
Do you have a master client list?
Best thing you can probably do at this point is document everything and notify them in writing that you're aware of what's going on and advise them to stop. You might also want to look into what they're saying because it is very difficult to prove defamation in any form, especially verbally. If there is any shred of truth to what they're saying or if it's subjective, it's likely not slanderous. If you do have an agreement to arbitrate in your employment arrangement with them, I'd get that ready and advise them that if they don't stop making the claims they do that you intend to take action.
A few points:
-Your non-compete is probably junk, but even if it's not, it doesn't prevent you from talking to them. The non-compete prevents you from stealing the business, not having conversations with them. To take that a step further, even if you weren't supposed to talk to them (which isn't the case), you have a legitimate legal reason for speaking to them and that would trump it anyway. For example, process servers generally cannot be convicted of trespassing because they had a legal reason to be there. If you have pending litigation or are considering litigation and are investigating accusations being made about you, that's a legitimate reason to be talking to them. I would however avoid selling them anything for obvious reasons.
-Odds are what they're saying isn't going to hurt you that much. You mention another agent having troubles, but do you know if they actually did anything wrong?
-Generally the DOI isn't going to get involved in matters like this, they are civil matters.
-Absent an agreement to arbitrate in your contract, you can likely file a small claims suit for the maximum amount fairly inexpensively and spend some time talking to an attorney to help you layout your claim. Is it worth the hassle? Probably not, but it is a less expensive option than traditional litigation.
-If they really do have a history of filing suit against agents for frivolous purposes, that would likely work in your favor.
Best advice: Most counties have a bar referral service that will give you either a free consultation or a substantial discount on the hourly rate for a consultation which will give you the advice of an attorney in your area more familiar with the way those courts work. If you do believe there is a chance you will find yourself in the misfortune of being attacked that way, I wouldn't hesitate to find a local attorney that offers free consultations or one from the bar referral service to get better insight from qualified individuals. Heck, you can probably find a few to give you a free consultation, might as well get a few opinions if you really believe this has the potential to turn ugly.
