LawPal What Is Your Opinion?

I'd be interested to see a qualified legal opinion, too. I'm no lawyer, but that thread is rife with what appear to be libelous statements, along with plenty of evidence that clearly refutes drops' accusations.

The only accusation that I see that has been refuted by the statements of other Webmasters is:

There are several other accusations.

Are you a layman or an attorney?

So your saying next time someone insults me on a silly msg board I can sue them for slander as well?
Hey this sounds pretty good....More like fucking lame.
But who knows, isn't a Fat guying trying to sue McDonalds?

No. That is not what is being said. This is not a pissing match, it is an Employer and Employee scenario which is (I think) an important difference.

I know it makes a difference if its employer & employee - my post wasn't serious.

We...I am interested in the opinion of an Attorney who should be better informed as regards law and chances of winning a suite.

If these guys are not full of BS they have informed everyone of their extensive wealth so an attorney (if there is a case and a good chance of winning) will take it on contingency.

Aren't we all?

The thread is called, "Beware Webmaster Program Owners!" and in the first post drops writes:

Fuck you Liz.. I hope that you never work in this business again..

Not too difficult to see what the intent was.

Have you read any of Law Pals previous posts - and you still want to ask his opinion about anything?

Yes. He, as an attorney presents certain legal view points. And non attorneys, such as yourself, have disagreed with some of his legal view points.

Ask me who's legal opinion I place more value?

Did lilbitch reply to the other thread? I'm way too fuckin lazy to read all of it. Damn that guy's gonna win the dvd player as well...

It does look like harm was intended, especially with a title like that. I don't see why it wouldn't be worth talking it over with an attorney

I was in management for many many years and we had to treat references with kid gloves because of lawsuits. Name, employed from and to, eligible for rehire yes or no, etc..

I could still give a bad reference without "giving a bad reference" pauses and hesitations at the right time, etc.. goes a long ways. Anyone that has a lot of experience checking references learns how to pick up on these cues.

If this were just any old "silly board" (I know you were kidding) then that would be one thing but being the type of business this is and this being a major adult webmaster board, this has seriously hurt her credentials I'm sure.

Although no one may come right out and say, "I refuse to hire you because of what I've heard about you" doesn't mean that, that is not the reason. I would not come straight out and say that either, but I would not hire them. Sometimes giving a reason for not hiring someone can get you in just as much legal trouble.

A lot of her potential future positions would probably come right from this board, that's why that post was so detrimental.

And yes, I'm definately a layman. I had to run everything through human resources and they told me what I could and couldn't say.


Be interesting to see what lawpal or some other qualified person has to say about it. I don't know either party but the way they were insulting everyone here, I couldn't give a shit what happens to them. Otherwise I might of just kept my mouth shut.

No.

AaronM has added this information:

Read Here:

http://bbs.gofuckyourself.net/showth...6&pagenumber=9

[quote]1: Liz was a contracted worker for CherryBucks, NOT an employee.[quote]

This may have bearing on the subject.

I support free speech 100%, but obvious falsehoods and disparaging remarks make me cringe because of the potential liability they carry with them. Plus, lawsuits by former employees can be very expensive. You could easily spend upwards of $25,000 - $50,000 defending such a lawsuit, and you still might lose and be forced to pay damages. Lawsuits are always a crap shoot, and your odds are generally no better than 50-50.

I firmly believe the message boards serve an important purpose to point out cheaters and rip-off artists, because keeping this business honest is importatn.

At the same time, you have to be careful with the words you choose. It is one thing to say that you had a bad experience working with someone and that you do not think they were a good employee based upon the services rendered in exchange for money paid, or you thought they stole your money because they did not provide you with the services or product you contracted for. On the other hand it is clearly something different to call someone a "Lying, Psycho, Homeless, Drugged Ass Bitch!" Those terms, because they are purportedly factual statements used in the context of a post specifically aimed to cause damage to their potential to work in an specific business might be construed by a jury of your peers as defamation, and if they resulted in her inability to get another job they might be construed as having caused her to suffer damages.

There are a wide variety of factors which a court might also have to take into consideration before you even get to that point, and state and federal laws in this area are very numerous and complicated. It is quite possible that this specific type of issue has been addressed in your state, and if you were concerend about it you should consider retaining a local lawyer to research the specific issue to determine what, if any, precendent exists which would influence the potential case.

So, bottom line, could she sue her former employer for his comments? Of course she could. You can sue just about anyone for almost anything. I was surprised by their initial post. If they paid her money to perform specific services, and she basically stole the money and did not performe they services they might be able to sue her to recover the salary and expenses she was paid. I would also investigate that.


Sorry if this does not answer all the questions surrounding this issue. It is a huge problem, and many lawyers dedicate their lifetime just to work on these types of issues.


Here are a couple articles which might help you to investigate this further on your own.

A recent article on USLaw.com reviewed the current argument that exists as to whether discovery of the identity of message board posters should be allowed

http://www.uslaw.com/library/article...tml?area_id=41

Small Business Definitions - helpful workplace definitions related to this issue

http://businessweek.findlaw.com/empl.../HFCHP5_m.html

Defamation on the Internet

http://www.cyberlibel.com/defnet.html

Is a bad reference defamation?

http://www.references-etc.com/standa...employment.htm

Defamation
http://www.gottrouble.com/legal/busi...efamation.html

thanks

and

LawPal:

Thanks for the input and thanks for the links. I will be checking the links out, but at a later time. My clock is winding down so I must rest.

So can you help with the term 'fiercely loyal' that's on one of my old references...?

LOL no kidding...my favorite was to always repeat over and over..."All I can do is confirm they were employed here."

Exactly

I dont really know what you mean by some people like myself disagreeing with Law Pals legal opinion. I have never agreed, disagreed or posted anything that would come close to me calling it a legal opinion.

However I just think it is insane for anyone to suppose they can come close to offering anything near to a qualified legal opinion without knowing all the facts in this or any other case.

You raise an important point. Each case is different, and each requires independent examination of all of the facts to determine how to proceed.

This is the second time today that I have made a mistaken assumption.

LawPal has had negative posts made about his legal opining and I assumed based upon your post that you were one of those that had made negative posts also.

I apologize for having made a mistaken assumption.

As regards a "qualified legal opinion without knowing all the facts..." I of course did not expect any definitive response, only a general response.

His general response and the links that he provided has provided me with more knowledge about the subject matter than I previously had.

I am pleased that he took the time to respond.

I would take that as a good thing although a little overboard
It would sound to me like they liked you and were going a little extra to give you a good reference. That in itself is a good sign.



That's what I would get out of it if I were checking your references, of course it would depend on the whole conversation but that part sounds good to me.

Sounds safe enough, but repeated over and over, the prospective employer might take it as a negative.

Thanks chap - I was always worried about that comment

Sounded good to me.

Thank you. I am always telling people that simply because you are on a message board doesn't exempt you from lawsuits for defamation and other losses and damages, so people should put the brain in gear before they open their mouths and realize that you might even lose a lawsuit if what you say about someone is 100% true! Maybe you can't prove what you say, or maybe you just pile it on way too heavy. Either way, the final say is not in your hands. It's rendered in a courtroom by people who don't really know either party except for what they are allowed to hear and consider.

Finally, some common sense.