Results 1 to 10 of 21

Hybrid View

  1. #1
    Join Date
    Aug 2015
    Posts
    181

    Default Re: Can I Contact the Plaintiff's Employer

    Quote Quoting layman3
    View Post
    Hypothetically, Plaintiff might have changed his job therefore, I do not know clearly, definitely and unmistakably who the employer is. The injunction is not sufficiently explicit or precise on this matter. Based on these arguments, is it still a violation if I contact the employer listed in the lawsuit?
    Yes. In fact, it would be inefficient and a waste of judicial resources if the plaintiff had to get the order amended each time he/she gets a new job.

    The caselaw excerpt you reproduced means that your contact would be forgiven only if it's merely a coincidence that the entity you contacted happens to be Plaintiff's employer without you knowing it beforehand. However, direct or circumstantial evidence may prove that your contact was a willful violation rather than just a mere coincidence. If evidence shows that you contacted an entity despite knowing that the entity was Plaintiff's employer, you'll be found in contempt.

    In your case, the order is premised on a lawsuit which contains the employer's details and which has been served upon you. Therefore, that is sufficient proof that you knew or should have known that the entity you contact(-ed) is Plaintiff's employer. In the event that Plaintiff got a new job, direct or circumstantial evidence might help ascertaining whether or not you knew or should have known that this other entity is plaintiff's new employer.

    Injunctions are not child's play. Trying to overcome a clear injunction entered against you is very likely to backfire.

    1. Sponsored Links
       

Similar Threads

  1. Working With a Lawyer: Can a Defendant Speak With the Plaintiff's Attorney
    By lawfacts in forum Legal Practice
    Replies: 1
    Last Post: 02-28-2017, 02:16 PM
  2. Traffic Accidents: Should the Defendant Contact a Plaintiff Who is Making a Claim for Injuries
    By rangers1 in forum Accidents and Injuries
    Replies: 7
    Last Post: 06-29-2015, 10:02 AM
  3. Service of Process: Plaintiff Asserts That Multiple Efforts to Contact the Defendant Have Failed
    By kmason3228 in forum Civil Procedure
    Replies: 2
    Last Post: 03-13-2015, 12:01 PM
  4. Legal Malpractice: Can a Defendant Sue the Plaintiff's Attorney
    By Darrin in forum Malpractice Law
    Replies: 8
    Last Post: 03-09-2012, 07:05 AM
  5. Defamation: Plaintiff's Lawyer Told Defendant's Child That Defendant is No Good
    By jamesricci in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 12-20-2011, 02:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources