Previous Employer - Defamation

[loody1981]

Hi

 

I need some advice about a problem ex-boss...

 

I have found out through an ex-colleague that my previous boss sent a letter to a company we were doing work for, saying that I falsley claimed money from them. As I earned a % monthly bonus on any income for the company, he told them I abused it and claimed extra money so that my bonus would increase. This isn't true and I don't know what to do about it.

 

Whilst working there, he bullied and was inappropriate with staff. He would call me into the office and yell at me if we hadn't invoiced enough that month etc etc. He came into the office and bawled me out one day because he couldn't afford to pay the wages, and then told another member of staff he had just bought a £2,500 watch out of the company account.

 

The final straw for me was when he asked me to claim money through a training scheme for his new porche cayenne, his holiday home in Bulgaria and some money he wanted to give to his mother.

 

I left immediately and didn't go back.

 

It was then that he sent the letter.

 

I am worried that as I didn't report any of the underhand things he was doing, and that I left so suddenly, that it makes me look guilty.

 

Does anyone know what I should do?

[vexlitigant]

Got a copy of the letter? and if so, do you have proof it was written by, or signed by your boss?

[loody1981]

It was signed by him, and although it makes references to me... being the only person it could possibly be in reference to... it doesn't actually say my name.

 

For example, it says that the employee had just left and was on a bonus pay scheme, which can only apply to me.

[Ragtaggeorge]

Get out of sales if you can ;¬)

[elche]

Got a copy of the letter? and if so, do you have proof it was written by, or signed by your boss?

 

This is a valid point which you don't clearly answer.

 

Do you actually have a copy of the letter?

 

If so, you may have an action for defamation. It does not matter that you are not mentioned by name if:

 

a hypothetical sensible reader who knew of the special facts could reasonably come to the conclusion that it referred to you.

 

Morgan v Odhams Press Ltd [1971] 2 All ER 1156

 

Thus please confirm if you actually have the letter?

 

Che

[loody1981]

Sorry, yes I have a copy of the letter...

[vexlitigant]

OK. How much spare cash do you think your boss has?

 

What i am getting at, is that IF you decided that the defamation of character caused considerable damage to your reputation, and IF you decided to take your boss on, the you might like to consider

a/ how much it will cost you to seek advice

b/ can you afford to see it through to its conclusion

c/ is it worth it

d/ if you did take it on, and your ex boss responded not by making you an offer to compensate you, BUT decided to go head to head, then have you got enough dough to beat him in a p*****g contest (because that is what it would become)

e/ looking for a brief that would do all the work pro bono (rarer than rocking horse s***)

 

I have to say that however justified you feel, you have to take a sober look at this. Do it by thinking along these lines.......

 

How many times do you see peoples character defamed - Often yes?

 

How many cases do you see brought to the courts - Not many right?

 

What type of people bring these sorts of cases - People who are loaded!

 

I hope this helps.

 

Think carefully about your next move. Whay not look at the website of the law society, and check out a local firm of solicitors. Ask them for a free intial consultation. I bet that in that free consultation, you will be asked i/ How much liquid assets you have ii/ How much e3quity you have in your house. And that will be the solicitors sizing you up for their costs (YOUR solicitor)

 

Regards, Vex

[elche]

 

How many cases do you see brought to the courts - Not many right?

 

What type of people bring these sorts of cases - People who are loaded!

 

 

VL

 

Could not have put it better myself

 

I write from memory, but as far as I remember, there is no legal aid available for civil litigation re defamation i.e. libel or slander

 

Thus, unless you have deep enough pockets to fund such an action, the reality is that you are better walking away and forgetting it.

 

Of course, this does not preclude you, sending to your old boss, a solicitors' letter reminding him that any further publication of this accusation / new accusations, could lead to an action for libel, for which you will seek your costs.

 

Che

[godpikachu]

yeah, i would definitely write to your old boss, including a copy of the letter he has written about you and state that if, in future, he writes anything of a simarlar nature about you, then you will take him personally to court for libel and you will seek any and all of your costs from him.

 

something along the lines of:-

 

 

Dear (name)

 

It has come to my attention that when responding to requests for references from my prospective employers, you are replying to them making libellous comments about me.

You should note that such practice is illegal.

 

I have written proof of these comments, and have included a copy of one such letter with this notice, the contents thereof contain obvious references to myself and cast aspersions on my character, all of which are blatantly false.

 

From your reciept of this notice, I should make you aware that should I have an further reason to believe that you are sending such comments to any further prospective employers of mine, then i will have no hesitation in having you prosectued for libel, which will result in you having to appear in court to justify your comments about me, and could end up with you being forced to pay me for loss of earnings plus costs.

 

If you do not wish to give any further references for me in future, then please reply in writing to this notice within 7 days stating and explaining your reasons why.

 

Yours (name)

 

Address it to him personally and send by recorded delivery and keep a copy of the reciept.

[vexlitigant]

Loody

 

Elche and Godpikatchu have given you the best advice that you can work with right now. I would strongly consider their advice. A polite letter along the lines that they have suggested is, in my opinion, the most you should do.

 

If you win the lottery next week, then the whole ballpark changes

 

This forum does not exist to deter people from sticking up for themselves, but in frank terms, your ex boss does appear to be slightly 'eccentric' and I could certainly imagine that legal action would be like a red rag to a bull.

 

Choose your moves carefully.

 

Cheers, Vex

[loody1981]

Thanks guys! I can see that it is probably best to let the anger about the situation subside before I go any further, and I think that your suggestion of a letter would be best.

 

I wouldn't be able to afford a defamation case by the looks of it, but I will think about getting a solicitor to write him... unfortunately he is a very petty person and would probably retaliate in some way!!

 

Again, thank you for your advice

[vexlitigant]

Yes. Good Luck

 

The memories of your last boss will dissapear quickly when you move on. Those experiences will also serve you well going forward.

 

Cheers, Vex