Help AR Please?...Edited Twice

[Roxy]

Ok...here is the scoop...my hon worked for a company for over 10 years and the owner didn't keep his eye on the business like he should have. Anyway...some employees that worked there didn't do their job right..and caused the business to go bankrupt. Right before the business was going to close down for good...my hon had gotten another job and decided not to go in the last few days that they were going to be open because he was being treated like crap because he told his boss that he got a job...he thought that was only being fair since he had worked there for 10 years. Well..big mistake!!! The boss treated him like crap and my hon said to heck with it...I am not going to finish the last few days that they are going to be open...so he never went back. Geez..my hon had to get a job..house payments and everything else that everyone has and he thought it would only be fair to tell him especially after working there for over 10 years. My hon did his job great but the boss..only gave him one raise since he worked there. Well to top it off..he kept my hon's severance pay..I think that is what it is called and he owed him money from bids that he had won for the company and he never did get paid for that. Well a few days later...my hon got a very nasty email from his boss's daughter that worked there too....alot of family worked in that business..and the email was totally false, rude. and alot more. We have no idea who she sent it all to. The job my hon now has..is doing the same stuff he used to do at the other place...except..he is the only person at that job that knows how to do it..he brought something new into that company.. The first day he talked to the boss there he asked him if he had thought about doing this and the boss said yes..we have thought about it..but don't have anyone who can do that sort of stuff and bamm...my hon sold himself and got that job whohoo....Anyway...my hon has contacted some of the same people that he had dealt with in that job that he had before and the boss's daughter -from that company that went bankrupt-told a bunch of lies why they closed down. She started that same business now in her home..the last time we new...maybe they opened up an office now...have no idea and don't give a s_t!

So no severance pay, no money for the bids that was due to him for the bids he won, and that email!!!! Like I said..we have no idea who all she sent that email too that was totally wacko and not true. Can my hon get her for defamation of character..I think that is what it is called anyway...or do anything about the severance pay etc.? My hon said that he never went and finished the last 2 or 3 days that they were open so he doesn't think he can get it. He said that he quit so it isn't due to him...is he right? I know this is long..but...I am totally ragged off about this. We still have that email to just in case we could sue her for defamation of character. Can we sue them for anything?

 

[Roxy]

I just want to know if anyone thinks we have a case to sue for anything..sorry to be a pain in the _ss..but.. am so angry!!!

She called him a selfish piece of sh#t.. f'ing low life piece of trash.

....she accused him of f_cking with their customer base..which is absoulutely false!!!! She said he canceled orders on the companies behalf..another false statement...accused him of

sabotaging what little business they still had...dishonest sh#t eating leach..and her last words are this.....Despite your f'ing stupidity I don't think you would be dumb enough to show up to softball. You'll get your money back when I feel like giving it to you. You're just another back stabbing m-f'r who skated through life at the expense of this company.

The money she is talking about is when he paid to be on the companys softball team. He never got that back either...no surprise. There is more stuff..but..that is part of it.

 

[AR Husker Fan]

I'm afraid I'm not going to be much help on the job issue - this kind of thing is very state-specific. Generally speaking, it's going to be determined by the contract (if any). If no contract, then that really opens it up to what precedent exists in your state. For example, your state may have some precedent that states that payment must be made for services rendered prior to the end of the employment - which means you would win. However, it could very well also have case law that says that the job abandonment constitutes a breech of the "clean hands" doctrine (meaning that a person should not be able to recover when that person has himself breech the agreement) and that no payment is required. I'm really sorry, but you will have to speak to an attorney that is familiar with the employment law in your state.

Now, regarding the defamation from the email/letter - that I can comment on. Essentially, she has accused him of a criminal act. In many states, that is sufficient for you to win - assuming she sent it to or allowed it to be read by others. Again, though - whether true it will depend on your state laws. Some states have modified their definitions of defamation to eliminate so-called per-se defamation (defamation in which no proof of damages or harm is required). If your state is one of them, then your husband will also have to prove that he suffered some degree of harm from the statements. I don't mean emotional harm - I mean, for example, that someone wouldn't hire him or someone fired him, or denied him credit, or something like that. In some states, you can simply prove that the defamation cause another person to "think less" of him.

I really wish I could give you more specific answers, but both areas are based to a large degree on state law, which varies from state-to-state. My best advice is to contact an attorney in your state; most provide an initial consultation for no charge, and let me assure you - they will let you know up front if they think you have a case.

Good luck.

 

[Roxy]

Thank you so very much for replying to my question...it is deeply appreciated...big hugssssss....I will forward what you said to my hon at his work and see if he has changed his mind about pursuing it or not. When I asked him at lunch...he said to just forget it...but...could tell he is hurting over this as well. I want him to nail their a_ss!!

Thank you again for replying to this. We live in California...I suppose there isn't any chance that you practice in this state too or recommend anyone if he does decide to go after them? I would like to hire you if he decides to nail them.

 

[strigori]

As far as the email goes, it would be dependent on who it was sent to, and what her position in the company was. If she was in any way a member of management, and the email got to someone at the new company, I'm more than 90% sure there is legal action you can win. Employers are restricted by what they can tell people about employees. It more or less gets down to "Would you rehire this person, Yes or No?"

 

[AR Husker Fan]

***SNIP***
We live in California...I suppose there isn't any chance that you practice in this state too or recommend anyone if he does decide to go after them? I would like to hire you if he decides to nail them.

No - not licensed to practice in California, and don't have any contacts out there. Sorry, again.

 

[Roxy]

Thanks for your help AR...but he decided to not pursue it...he said he got a job and that is what counts. He is very good at his job and he won a half million bid the other day and since his old job and his new job are the same..except he is the only at the new company that knows how to do it....he can get his revenge by winning the bids that are out there so they don't get them..that is if they are still working at her home or wherever.