Lawsuit for Slander?

Question

I left a job where I was a contract employee. I started my own company and took my own clients with me. Now my old boss is calling my clients and professional associates and slandering me. He has told them I was fired and that I am being investigated by the authorities. I have a letter from the home office accepting my resignation and I have no investigation taking place. This has the potential to severly hurt my reputation in the industry and with my clients. DO I have a lawsuit and if so what kind of attorney takes this kind of case?
Okay to add details. I work in the securities industry and the investigation is within the NASD supposedly. I contacted them and they have to notify me of an investigation and there is none. Secondly, the clients were mine and that is stated in my contract and there is no non compete.
Also my goal is to get it to stop, but I'd be lying if I said I would walk away from monetary compensation as well

Because I didn't get any new answers after I updated and new questions get the most answers.

Answer 1

You need a civil lawyer, and one who has handled suits of this type before, preferably sucessfully.

It will be expensive. Sending a cease and desist letter with the threat of a suit won't break the bank, but actually following through with the threat will. Hopefully, the threat of a suit will make them stop. The threat of a suit from a lawyer is far more effective than you writing such a letter on your own.

And you will need to have actual damages in order to be awarded damages in the event that you do have to move forward with this. From what you say, what was done has "the potential to severly hurt my reputation" but no actual proveable damages have occured. That makes for a lousy case.

Answer 2

Generally, the elements of a slander cause of action are as follows: you must show there was a:(1) false statement; (2) which injured your reputation or impugned your character; (3) and which was communicated or published to third person orally; (4) without legal excuse. Generally, you'll also have to prove exactly how you were damaged as well (the mere potential to be damaged isn't usually enough).

From what you've written, it seems like it will not be overly difficult for you to prove what your old boss said to other persons -- if you're able to obtain clear testimony from them in this regard. Therefore, the legal issue of damages may be the big question in your circumstance. Of course, an ancillary consideration is whether the damage being done to you is realistically worth the hassle of obtaining an attorney and the possible filing of a lawsuit.

If you decide to move forward, you should look for a business or personal injury litigation attorney. That attorney/firm should have a strong history of prosecuting civil claims on behalf of employee clients (other than worker's comp claims)... with some significant experience in executing settlements. Be aware that, if the goal of obtaining legal representation is solely to put a stop to your old boss' antics but not obtain any monetary compensation settlement, you will likely have to pay an hourly rate to obtain help from an attorney. On the bright side though, in this modern world, only the most foolish of managers would not have a long, uncomfortable chat with your old boss to muzzle him... just upon having initial contact with your attorney.

Answer 3

Given the facts as described, this is a clear case of slander.

You have a case, but it is your responsibility to provide evidence. It would require several witnesses to testify. You would have to prove that actual damages occurred, such as losing a client because of the slanderous and fictitious remarks.

It really isn't an easy case to make, impossible unless you have proof.

I suggest a cool response with your clients. Inform them of your seperational woes if the topic arises, and furnish evidence to refute the deception.

I would also seek out an attorney locally.

If it were me, I would confront the source personally and let them know you're on to them. This should stop the slander. Then soak them for damages.

Answer 4

The problem with this kind of lawsuit is that it is costly and can be hard to prove. The court has many rules that you have to follow as to keep the 1st amendment intact.
My idea is to write a letter to all of your clients and explain this situation, if they are having a hard time trying to figure out whom to deal with. It will be their call after that. Then, I would write a letter to your ex-boss, explaining that this will not be tolerated any longer and that you will take him to court. Document anything that you can. It will be your job to 'prove' that he has done this. You may be able to get some clients whom have been contacted by him and heard what you claim as witnesses.
It won't be easy, but if you are willing to go the long haul, you may win.
http://www.personalinjurylawyer.com/Defamation.cfm

Answer 5

you would have to prove everything you are saying
in my opinion that would be quite a task
also for monetary compensation you would have to prove actual damages. you can't sue on a he said she said basis
you need something in print and if your clients are using your former employer as a reference not much you can do i'm afraid
just get new clients

Answer 6

you shouldcontact a corporate attorney and have him send this gentleman ?? a letter asking him if he would be intersted in going to court to substancate his claims i think the ma n will cool like a wilted plant in the sunshine.

Answer 7

You probably have a good case, but you need a lawyer.

Answer 8

Don't feed the lawyers.

Answer 9

you have asked this before...
why again?