Should I have a cease and desist letter drawn?

UPDATED: Sep 30, 2022

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Should I have a cease and desist letter drawn?

I have been at my new job for about 2 months. My new boss just informed me last night that my former boss told the woman whose position I filled at my new place of employment she resigned, that I’ll be terrible at my job, that I’ll screw them over, and that they’ll be begging her to come back in a few months. This is not the first time I have heard that he has spoken very poorly of me. I left my last job because he was an awful manager and I felt bullied at work. I worked so hard for him

he was the owner as well, was there 3years, was very well respected by all the employees and clients, and I can assure you, I was very good at my job. My family and friends were very excited when I told them about my new job as everyone around me could see how toxic he was. Part of me wants to ignore it and move on. The other part of me is scared that he will continue to say things about me to many people he is well connected, and that it could really hurt my reputation and possibly endanger my current or future employment. I think I’d like to contact a lawyer to write a

cease and desist letter but I’m not even sure that I can.

Asked on October 2, 2016 under Personal Injury, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If what he's saying is an opinion, such as that you are "terrible" at a job or that you will "screw them over," he is allowed to say those things. The law does not prevent people from voicing opinions, even hurtful, mean-spirited, damaging, or unfair ones. Only if he makes untrue statements of FACT about you (e.g. that you were excessively absent, if you were not; that you stole from work, if you did not; etc.) would that be actionable--untrue statements of fact which damage your reputation may be defamation, and you can sue based on defamation, for either monetary compensation and/or for a court order that they stop. Therefore, for defamation, you could also try to head the issue off with a cease-and-desist letter. But as stated, opinions are allowed, so while you can ask him to stop, you don't have a legal basis to force him to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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