Need some legal advice

[jlee75]

Here's the situation:

My friend is starting his own company. Recently he was made aware of a situation going on in the area. Turns out that someone has been calling places using his name and bad mouthing a company he used to work for. This guy, let's call him Bob, used to work with him at the previous company and is also starting his own company, which is a competitor. Thing is my friend's old boss is trying to get a hold of him and find out why he's "hell bent on ruining the company"

So what is there to do? If there's a slander lawsuit against my friend, that's easy to get rid of because if they check the phone records, he has not made phone calls to those places specifically. Cell phone and land line both. But what sort of legal action can be taken against the person making the calls? He doesn't want a big drawn out "war" with the person. There was no provocation from my friend. He just decided not to work with that person.

Anyways, any advice would be greatly appreciated. He hands out in neochat... so if you go there, he should be there.

Thanks.

 

[amnesiac]

He can file a slander lawsuit against this guy

 

[Vette73]

Originally posted by: jlee75
Here's the situation:

My friend is starting his own company. Recently he was made aware of a situation going on in the area. Turns out that someone has been calling places using his name and bad mouthing a company he used to work for. This guy, let's call him Bob, used to work with him at the previous company and is also starting his own company, which is a competitor. Thing is my friend's old boss is trying to get a hold of him and find out why he's "hell bent on ruining the company"

So what is there to do? If there's a slander lawsuit against my friend, that's easy to get rid of because if they check the phone records, he has not made phone calls to those places specifically. Cell phone and land line both. But what sort of legal action can be taken against the person making the calls? He doesn't want a big drawn out "war" with the person. There was no provocation from my friend. He just decided not to work with that person.

Anyways, any advice would be greatly appreciated. He hands out in neochat... so if you go there, he should be there.

Thanks.

For a slander lawsuit you have to show TRUE damages. That is just about impossiable. So the only people that would win would be the lawyers making all the money, and the cases would be thrown out.

 

[jlee75]

Well what can my friend do to this guy that's using his name when he calls places. Isn't impersonation some sort of crime?


Also it would prevent my friend from contacting those places in the future as well wouldn't it? Kind of gives him a bad name as well. Which would be a potential loss for him.

 

[jlee75]

^bumpy^ still need some help with this... anyone?

 

[axelfox]

ask me in 1 year

<----1st year law student

 

[PsychoAndy]

Why would a slander suit be brought against your friend? If anything it should be BROUGHT by your friend against the offending party.

Also, like marlin said...there has to be PROOF of actual damages. Perhaps defamation of character is what you are looking for here.

Call a lawyer. Spend the $150.

-PAB

 

[SuepaFly]

I agree with PsychoAndy. Call a lawyer.

Plus its not all together clear what it is you are looking for as a solution...friend against impersonator guy? Old boss against friend?

 

[jlee75]

Sorry, i thought it was clear enough when i posted. Sure spending the money for legal advice is good and everything, but the reason to ask first is to possibly avoid spending money that would be better off spent elsewhere.

Well because someone is impersonating my friend and calling the schools, the old boss would have a possible slander suit against my friend. But that can be thrown out of court simply by checking phone records. He's trying to see what kind of legal recourse he can take against the offending party, the one that has been makign the calls. The proof of damages is clear. Basically the old boss would lose out on getting the work at the places he was at before in previous years. Defamation = slander or libel. Slander is a form of defamation, just verbal.

Well he told me something about fraud by wire. Not sure if this can be used in this case though. My friend isn't looking to gain anything by this, just wants it to go away and have it corrected. But it does ruin his chances of ever approaching those places and acquiring a contract with them as well. Bad image was created by that person impersonating him.

but like the thread topic says, he's looking for advice. Trying to weigh the options.

Anyways, thanks for responding though. Not to put you guys down or anything, but talking to a lawyer is kind of just stating the obvious.