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How can I stop my old employer from harassing me?

Sacramento, CA |

I interned for a company last year. After quitting and taking a new job, I found they have a high profile criminal history. I told my old coworkers what I found. Now the owners are calling my new employer, and threatening to sue me and them. They've also called my home and husband at work. I sent a cease and desist contact letter, but it's continuing.
What can I do to stop this?

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Attorney answers 2

Best Answer
Posted

You need to see a lawyer who can send your old employer a strongly written letter that

1. If you lose your job with your new employer, you will bring an action for defamation and interference with contract;

2. If they continue to call your home and to call your husband at work, you will seek a restraining order. You will also contact law enforcement. Repeatedly calling with intention to annoy is a misdemeanor.

Asker

Posted

Thank you. I have previously sent them a Do-It-Yourself cease and desist letter telling them to stop contacting, but I'll ask a lawyer to professionally draft one. Does it matter that not all contact has been by phone? They've harassed me on social media and are now having others pass on legal threats.

James Carl Eschen III

James Carl Eschen III

Posted

You do not say how they are threatening you. If it is to sue you, they can do that. Social media has opened up a huge can of worms in the law. Consult with an attorney to discuss whether they are doing anything unlawful and if you can stop it.

Asker

Posted

The threats have mostly been made about me to others, so it's not completely clear. Mostly the words used have been "legal action" or "whatever means available" I don't believe they would actually sue me (as I haven't actually done what they say I'm doing), but I'm sure you realize the trouble it causes me just by them telling so many people that I'm doing things I'm not. I will be consulting a lawyer. I just wanted to know what information and questions I should bring up. Thank you again.

James Carl Eschen III

James Carl Eschen III

Posted

Their threats that accuse you of doing things you aren't may be defamatory. Good luck to you. Remember the magic of Google before you accept your next job. I always do a search before taking on a client.

Asker

Posted

Thanks again. They're an SEO company and have done a lot of work covering their bad press and other lawsuits against them on Google. Down to hiding the names of some of the founders that have the worst reputation. I only found out these people were involved after I interned there. It's when I found those names that things started to pop up.

Posted

After reading your back-and-forth with Mr. Eschen, I suggest you stop posting any more details here on Avvo. There is no confidentiality here and anyone can read what you write; certainly any company familiar with social media will know just how to do that.

I agree you need to retain an attorney to show your former employer you are serious. In addition to a potential harassment claim, you may also have claim for tortious interference with economic advantage, false light, or other torts. These are things to discuss with an attorney in private.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***