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Old 09-06-2012, 01:16 PM   #1 (permalink)
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NYS Will a cease and desist letter stop slander by ex employer?

I was employed at a hospital from August 2011 until June 2012. I resigned after being offered an overall better opportunity at another medical institution. After giving the standard two weeks notice and creating a comprehensive sign out for my successor, I was told to leave immediately. Before I started my new role (I had a month break in between roles), I began to hear from previous ex-colleagues that my administrator had been sending around emails defaming me calling me a 'poor worker', 'untrustworthy' and 'unprofessional'. She also lied that she told me to leave before my two weeks notice and told everyone that I just left. I decided to let things go because she was obviously bitter and I wanted to concentrate on my new position. Two days before I was set to start my new role I received a phone call from the new employers HR saying they needed to push back my start date and will call me more information soon. Eventually the offer was rescinded and I was given bare bones reason why. Apparently HR spoke to their legal department after hearing new information and that is all I have gathered. I am nearly certain that my previous employer communicated with the new employer and it caused the offer to be withdrawn. I interviewed in April, passed background check and my references gave glowing reviews. For the past 6 years I have received fantastic performance reviews and feel comfortable with anyone asking anyone I worked with for their assessment of my work with no hesitation. Working at my last employer was very stressful because the administrator made it known that I wasn't one of her favorites. I am sure I can get my hands on one of the emails passed around but my question is what recourse can I have if slander is proven? Can a cease and desist letter help me while I look for a new job? Do I need an actual hard copy of the email to send a cease and desist letter? Thank you very much for your time and help.
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Old 09-06-2012, 03:26 PM   #2 (permalink)
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Hi there.

Question: what recourse can I have if slander is proven?
Answer: You can request compensatory damages, which is basically money equal to the amount of injury that you sustained. If you were to sue and win, the judge/jury would need to determine how the slander has impacted you financially, and award you a money judgment based on that figure.

Question: Can a cease and desist letter help me while I look for a new job?
Answer: Possibly. It has no legal force, but it may scare the ex-employer into refraining from further slander.

Question: Do I need an actual hard copy of the email to send a cease and desist letter?
Answer: No. You don't need any evidence at all to send a cease and desist letter. Obviously, you'd need such evidence if you were to sue.
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Old 10-14-2012, 05:37 PM   #3 (permalink)
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I am going through the same thing, so thank you for that advice.

I asked my lawyer to file a cease and desist letter to an ex coworker who was part of the reason why I was terminated.

If damages result from her slander, I believe you can sue, depending on the severity of the damage. At that time, you would need to prove her slanderous remarks resulted in your damage.
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Old 10-14-2012, 10:34 PM   #4 (permalink)
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JDMBA is correct you can issue a cease and desist letter here is an article explaining that http://www.legalmatch.com/law-librar...ringement.html

You can also get an injunction against the former employer, but that would require a court order http://www.legalmatch.com/search.htm...n+&btnG=Search

As for not getting the job you may be able to sue for slander and your lawyer could engage in what is known as discovery to recover any documents that were sent. They will have a defense that this was the person's opinion, which they are allowed to give, but if they were malicious lies such as you left without notice etc you might win. If the person simply said your a poor worker then that is an opinion likely protected.

You may be able to recover potential lost wages from the job and consequential damages and you should probably consult an attorney as this sounds like it could be a reoccurring theme during your job search.
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