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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Unhappy Threatened By Former Employer

    I had posted an opinion of a former employer on an employment website similar in format to MySpace. In my posting of my honest opinion of my work experience for this company, I had mentioned the only good that came from it was the opportunity to build a portfolio. I never said what the portfolio consisted of, and in fact, my portfolio is posted online.

    This employer reacted to the decidely unflattering opinions of my experience there (& description of why), by sending me a threatening email, demanding that I remove the opinions & directing me to return any documents - electronic or hardcopy, immediately, & that I advise him of my actions.

    I have yet to reply because I am nervous about the fact that he already twisted my words accusing me (in an email read by others since it was sent to the wrong email address) of stealing from the company & illegally distributing their documents.

    I had removed my opinions from the site (even though I was advised by a lawyer that I did not have to, but it was smart to remove it) & have no documents, etc. belonging to the company. My portfolio doesn't contain one item created while employed at the company.

    What should I do? He is threatening me with legal action if I don't return these items he thinks I have (simply because I mentioned "building a portfolio). Nor did I ever "distribute" anything I wrote for the company while employed there.

    Can he still try to sue me for mentioning a portfolio or does he need actual proof? I can't give him what I do not have. BTW, I was a writer at the company, & also wrote for class assignments, which is what my protfolio contained at the time.

    Thanks.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Threatened By Former Employer

    What does your lawyer say?

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Threatened By Former Employer

    Quote Quoting cbg
    View Post
    What does your lawyer say?
    What does your lawyer say in addition to "Anyone can sue anybody for anything at any time anywhere"?

  4. #4
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Threatened By Former Employer

    My lawyer said to simply tell him I don't have anything of theirs & hopefully they will go away. Others though say to do nothing unless they actually serve me, at which point I can tell them I can't return what I don't have.

    I know people can sue anyone for anything, but what kind of person would threaten to sue a struggling single parent because they wrote advice to other jobseekers about "building a portfolio"...something which is required for writers in particular.

    Does this mean I could, for example, sue a neighbor for suspecting they may have something of mine & I direct them to return it, when in fact I don't have proof that they have it?

    I have my "portfolio" online, and the funny thing is is that there's not much to it except for a few writing examples I did in school or freelance.

    Also, as for the "distribution" claim, I have gone to their website & they have available for download, a document very similar to the type I used to write for them. If these items were such proprietary/secret documents, & I'm being accused of "distributing" when they don't even exist at my site, why do they have them available for any Tom Dick & Harry to download?

    BTW, the documents at my site are available to anyone for downloading, so I know they could see for a fact that I don't have any of their precious documents. I now have a disclaimer that they are original, non-copyrighted works.

  5. #5
    Join Date
    Sep 2007
    Posts
    23

    Default Re: Threatened By Former Employer

    In America you can sue a ham sandwich.

    Many people or entities of means sue people of less means as a way of keeping them quiet. It wouldn't suprise me that a company would have their in house lawyer file suit against a person just because they want you to go out and have to spend money you dont have hiring a lawyer of your own.

    Welcome to the employer employee relationship in the usa.

    Warm and fuzzy, isn't it?

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