Remembering TCPaul, 2016-2019

need to file suit which may be public. what to tell firm?

So basically about a year ago a relatively prominent person fuckup04/30/19
Dude, this is impossible to answer without being intimately superttthero04/30/19
been there a year and somewhere between those two examples, fuckup04/30/19
Just tell your firm the issue and why you feel you need to p jeffm04/30/19
I agree with Jeff. If you are debating leaving, at least ha jd4hire04/30/19
Can this be filed in federal court? Employers are unlikely t fettywap04/30/19
My employer won't find out on their own, but a media article fuckup05/02/19
I don't get why you need to tell your firm. It's none of the therewillbeblood04/30/19
If you tell them I bet they try to talk you out of filing su demwave04/30/19
Tell them. jmoney04/30/19
If they fire you after learning of the defamatory statements physicssezno05/01/19
I don't think telling them or not changes the damages calcul superttthero05/01/19
I think I have a good relationship with my firm. The defama fuckup05/02/19
I just don't get while your proposed alternative to getting therewillbeblood05/02/19
Yup. Makes no sense. Seems like poor decision-making ties fuckyouracists05/02/19
That too. You need some damages to file a defamation case. I fettywap05/02/19
Take all of the above advice before filing suit. Best would toooldtocare05/02/19
I have an attorney already writing up the S&C. It's a case fuckup05/02/19
It would be defamation per se, which does not require specif fuckup05/02/19
You're going to war without a steady paycheck? File it and l isthisit05/01/19
fuckup (Apr 30, 2019 - 1:44 pm)

So basically about a year ago a relatively prominent person posted defamatory information about me on social media. I've tried to resolve the issue without litigation but have not been successful and SOL is running out, so I need to file a lawsuit that will likely get some public attention (and where I work is easy to find online). And I don't want my firm to find out about the issue.

I like where I work but it's not worth having this info in my google searches forever. I'm considering asking my firm to take me off the website (which will throw up red flags), or just leaving the job and saying I need to take some time off to attend to personal/family matters. I'll hope to get doc review while I try to get the situation resolved.

Any advice?

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superttthero (Apr 30, 2019 - 2:03 pm)

Dude, this is impossible to answer without being intimately aware of your relationship with your firm and the nature of the slander.

You've been there 2 years and the slander is that you molested a kid? Well, you're probably effed.

Is the slander that you didn't pay a bill and you're a rainmaker at a firm you've been at 10 years? Well, you are probably good.

If you think it's likely that this will come to their attention (and it sounds like it will), but you feel like you must go through with it (it sounds like you do), then I guess I would bring it up to the firm and just let them know.

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fuckup (Apr 30, 2019 - 2:06 pm)

been there a year and somewhere between those two examples, but definitely something I don't want to deal with forever

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jeffm (Apr 30, 2019 - 2:16 pm)

Just tell your firm the issue and why you feel you need to press on with a suit. Let them can you if they feel they must. They might not care. Don't jump the gun and leave.

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jd4hire (Apr 30, 2019 - 5:23 pm)

I agree with Jeff. If you are debating leaving, at least have the open conversation. At worst, you get asked to leave (when you're debating doing so). At best, they say "we have your back, how can we help." It will also give some insight as to how they perceive you. If they can you, is that the type of people you want to work for indefinitely?

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fettywap (Apr 30, 2019 - 4:47 pm)

Can this be filed in federal court? Employers are unlikely to be searching through Pacer looking for your name. They probably won't know if you file in federal court.

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fuckup (May 2, 2019 - 8:30 am)

My employer won't find out on their own, but a media article could cause people to notify them about the case.

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therewillbeblood (Apr 30, 2019 - 7:27 pm)

I don't get why you need to tell your firm. It's none of their business. File, and if they find out what are they going to do? Fire you?

Semi-serious answer: misspell your name in the caption/name field. Idem sonans, man.

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demwave (Apr 30, 2019 - 7:49 pm)

If you tell them I bet they try to talk you out of filing suit.

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jmoney (Apr 30, 2019 - 11:32 pm)

Tell them.

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physicssezno (May 1, 2019 - 10:30 am)

If they fire you after learning of the defamatory statements and lawsuit, would that be evidence if further damages in your slander/defamation lawsuit? Do you have a Lawyer for your defamation case?

I would not tell them, unless u have a contract requiring disclosure of that kind of thing. None of their business. If they make it their business, then it’s evidence of damages in ur lawsuit. If they fire you, find another job?

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superttthero (May 1, 2019 - 12:50 pm)

I don't think telling them or not changes the damages calculus if they fire him because of it (assuming there is no duty to do so in an employment agreement).

I think whether he should tell them depends on the nature of the slander and the relationship he has with the firm... again... not something we can advise on with the limited info he can/is willing to provide.

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fuckup (May 2, 2019 - 8:37 am)

I think I have a good relationship with my firm. The defamatory issue has some controversial political elements to it and led to my firing from my last job. So I would really rather not tell them. But maybe I have to.

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therewillbeblood (May 2, 2019 - 9:38 am)

I just don't get while your proposed alternative to getting fired is to essentially fire yourself.

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fuckyouracists (May 2, 2019 - 11:38 am)

Yup. Makes no sense. Seems like poor decision-making ties into the handle. Also, any time I hear a big time defamatory claim, it is almost always complete bullshyt and/or filed by a person that would be the stereotype of pro se. If I'm getting this vibe from an attorney, I would apply some self reflection and awareness. Need to tighten up regardless of outcome. Especially, if you are not young because you're coming off as shades of green.

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fettywap (May 2, 2019 - 11:51 am)

That too. You need some damages to file a defamation case. If you're just mad about something posted online, filing suit may cause more things about you to be posted online.

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toooldtocare (May 2, 2019 - 12:47 pm)

Take all of the above advice before filing suit. Best would be to find someone you trust, who will not blow smoke and knows the law(former classmate? trusted colleague not at current firm?) and run the entire matter, as objectively as possible, by him/her and get an honest opinion.
Or, god forbid, actually pay an attorney $$$ to see if you've got a case. If you got fired once already because of this, it's worth it for your current and future employment status/prospects to be cautious. It may be a great case, an OK case, or an absolute dog, and you are too close to the matter to be objective.

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fuckup (May 2, 2019 - 4:01 pm)

I have an attorney already writing up the S&C. It's a case but not a slam dunk.

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fuckup (May 2, 2019 - 3:56 pm)

It would be defamation per se, which does not require specific damages (though I do in fact have damages)

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isthisit (May 1, 2019 - 2:45 pm)

You're going to war without a steady paycheck? File it and let your firm decide whether to fire you or not.

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