Question for the legal experts

[Elkster]

Going to post a "hypothetical situation" that I am needed some advice or expertise from any members who might have experience in the matter or some legal background.

Employee A has put in his notice at his current workplace. 2weeks notice and is trying to finish up at current workplace on a good note. For some reason or another employee B does not like employee A. Employee B makes a statement to employee C and the manager that he will call employee A's future employer and "make his life there miserable". Employee B makes a claim to know some "important "people at employee A's future employer. Employee C is quite disgusted with this comment and he tells employee A what was said.

Any discussion on what employee A has for options would b appreciated. Not looking to start any heated debates just looking for some info. Thanks.


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[bubba 96]

Originally Posted by elkster

going to post a "hypothetical situation" that i am needed some advice or expertise from any members who might have experience in the matter or some legal background.

Employee a has put in his notice at his current workplace. 2weeks notice and is trying to finish up at current workplace on a good note. For some reason or another employee b does not like employee a. Employee b makes a statement to employee c and the manager that he will call employee a's future employer and "make his life there miserable". Employee b makes a claim to know some "important "people at employee a's future employer. Employee c is quite disgusted with this comment and he tells employee a what was said.

Any discussion on what employee a has for options would b appreciated. Not looking to start any heated debates just looking for some info. Thanks.


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ee a should slap ee b in the mouth..

[GK99]

Unfortunately you can't stop negative messages from being sent, but once they are, you can sue for slander if the comments either taint your character or (and especially) if they prevent you from getting the position at the new company. It is a bit different if the negative comments come by way of a requested
reference from your supervisor. That person has a moral obligation to tell the future employer his true opinion.

[Gray Wolf]

Originally Posted by LKILR

Just like sand through the hour glass these are the days of our lives. Lol. A should confront b and ask wtf is up.

Oh thats just too easy, and it ain't no fun

We need to discuss this in much more detail, offer our uneducated opinions, and argue till we're blue (yellow?) in the face.

Its the AO way

[Coyotebutcher]

Sounds like workplace harassment to me, and cause for termination for employee b. Too bad it isn't 40 years ago, just smack him around.

[Badgoodguy]

Actually in my opinion C being the manager should inform B to not be spreading gossip and talking about other employees Especially if the Manager C is any good at managing and if not he is as bad as B

My 2 cents

[58thecat]

Meh, go to the new job and leave the pizzants behind to fester in thier wee little world.

[Elkster]

Thanks for the feedback so far. In the past employee A would confront employee B and go to the wall with it. Employee A does not have a issue with confrontation but is trying to keep the waters calm in the interests of leaving on a good note from current employee.


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[Sooner]

Sounds like employee B is one of those guys who is never happy. I worked with an employee B. All good until you did something he didn't like, then you had a target and he would say and do the same things as mentioned by the OP and run to the boss way to much. Last time he tried it on me, i told him next time, i come over and stuff you in the garbage can. Go figure, he stopped trying to get me in trouble. Fun in the body shop. I was a journeyman, he was a wash bay goof who thought he was king of the shop cause he made the cars look good. Uggh.

Sounds like employee A is a good guy, B should be talked to by the manager and told stuff it and keep the peace. If he rats out A's future employer, I suspect A will deal with B properly.

[warriorboy10]

Might be worth it to call employment standards. Could get messy and expensive in a hurry..

[Okotokian]

The manager should be telling B to keep his mouth shut, as his proposal may/will reflect badly on their company.

If I were A I'd go to HR and claim harassment. Leaving or not, what you have is a company employee threatening to make someone else's miserable, and there are witnesses to the statement. No responsible employer is going to stand for that.

[Steyr Luxus]

This incident in my opinion is workplace harassment.

Harassment is a form of discrimination. It involves any unwanted physical or verbal behaviour that offends or humiliates you. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment. Harassment occurs when someone threatens or intimidates you.

In this context the statement made by employe B "make his life there miserable" is harassment.

Recommend that employee's A and C have a discussion with the the management of the workplace regarding this incident. If the management has a backbone he/she will correct the issue as management has as an obligation to intervene and correct this situation.

[oldtreekiller]

Going to post a "hypothetical situation" that I am needed some advice or expertise from any members who might have experience in the matter or some legal background.

-------------------------------------------------------------------------------------------------

The days of giving the slandering party a well deserved beating are long over so here is one way of handling the situation.

Employee A should consider getting a consultation with a lawyer who has experience with this type of situation and take the appropriate steps suggested.

keep an accurately written record of every statement made by all parties involved, times and dates of each conversation.

If the manager involved in this situation is not putting a halt to the slander by B via the various options available to a manager in this day and age than that individual is not doing their job plain and simple.

[Elkster]

Great feedback guys. I really appreciate all the input.


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[Drewski Canuck]

That is LAW TORT, not the German kind!!!

Yes, there is a threat to interfere with a contractual (that is employment contract) relationship with Newco. It also could be Slander IF IT IS COMMUNICATED AND BELIEVED. It really helps if there is an actual loss, as opposed to simple damage to reputation, as for as damages go.

Yes, there is a remedy of Interlocutory injunction available here.

But YES!! My hourly rate is $350.00 per hour with a base retainer of $5,000.00. You see, there are legal difficulties around all of us everyday. I do not argue the economics, I argue the Legal Principle. That is the expensive part. Having Acted in Commercial Injunction Applications, the bills quickly mount to the $25,000 range, very fast.

I once was yelled at by a very crusty old guy "WHAT ABOUT PRINCIPLE!!!". I pointed out of my Office window to the street corner down below and told this fine gent that every person on the street corner has a principle to fight for. I get paid for it.

Having been bested, the guy pulled out the money and paid the retainer.

If you are really serious, get a statement from Employee B, signed, dated, and in hand writing. This is not Slanderous, as Employee B did not believe it. However, it is the basis for your Interlocutory injunction for interference with Contractual Relations.

Lawyers are in the business of PROOF. All the rest is simply speculation and conjecture.

Drewski

[ctd]

This happens all the time in the Oilfield.
Sueing for slander will do nothing to penileize the offending person.
Best thing to do is tell your boss what is going on, inform yur new employer also.
If they do not hire you then file a complaint with the labour board

[KegRiver]

On a more positive note, type B people makes a name for themselves wherever they go.

If he can make your life misserable on your new job, then you don't want that job anyway, because they cater to bullies and liers.

Next time, don't go telling anyone where you are going next. It's none of their business anyway.

Legally it's your word against his and he is a lier. It's next to impossible to prove that in court.

[Mangosteen]

Fire B on the spot.

[silverdoctor]

Employee B sounds like a poison pill in your work environment, can cause so many issues. See it all the time. Might be time to remove that employee.

[TBark]

Sounds like B wants to keep A around for some reason.
We used to give the slackers great references so they'd get hired elsewhere, ha.

TBark

[58thecat]

Typical soap opera of today's generation...ooooh I will say something bad about this fella and hope he has a bad day...hey did you hear the latest about bob....