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  1. #1
    Join Date
    Sep 2005
    Location
    Mars
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    1,313

    Legal Ramifications of Posts?

    http://www.armydiller.com/financial...prosecution.htm
    "2. The Anti-SLAPP Law.

    This law needs work too.

    If you have left the business broke and need to sue, you may need to seek other similarly wronged reps to pool finances towards the hiring of an attorney in a class action lawsuit. If you kept in touch with former workmates, call and ask them privately about their experiences there and see if they match yours. If you didn't keep in touch with everyone who worked with you at the firm, you can attempt to locate those people. Switchboard.com is one place to start.

    If you didn't keep in touch with everyone and can't locate them, you will be forced to publicly solicit other similarly situated individuals who can agree to pool legal resources. This is why you need to know about SLAPP/anti-SLAPP laws. SLAPP lawsuits ("Strategic Lawsuits Against Public Participation") are lawsuits instigated by a firm against critics in which it will attempt to silence possible critics by crying "libel!" or "slander!" Just posting a message to a public forum inquiring about others' negative experiences with a firm can get you sued. The firm can cite your post as a "conspiracy" to solicit others to defame them! The truth doesn't matter; you'll be forced to legally defend yourself before you ever get your own suit mounted. (Although the Communications Decency Act has been consistently interpreted as holding operators of print media such as newspapers, websites, message boards, and the like not liable for the comments and opinions of third parties, many of those operators will simply remove your post and give up your identity rather than fight legal pressure from the firm. Your name might just replace "John Doe #1" in the SLAPP suit.) Since many victims cannot afford attorneys' fees to defend themselves, a common outcome is that they settle out of court on the "defamation" case with the agreement that they will never again speak of the firm (permanent injunction). You don't want that happening to you when your goal is to talk to others about the firm in order to mount a class action suit. Stick to soliciting information only, and discuss that information privately."

    I ran across this a while back and with little legal background was curious how this law effects us posters. I have always been careful to post verifiable facts and my personal opinion in a approppriate way, but on this site and elsewhere I have been threatened with libel and slander suits because some companies do not like my evaluation of them. Anybody care to fill us in?

    Soapboxmom

  2. #2
    Join Date
    Oct 2005
    Posts
    97

    Re: Legal Ramifications of Posts?

    The best way to deal with these "employers" and law firms is to get as many state and federal agencies investigating them as possible.

    First off, if they have filed a lawsuit, because you are an individual, you can represent yourself. It takes time and effort, but you do save attorney's fees. Always consider including a counter claim for costs, fees and damages for malicious prosecution and violation of rule 11.

    Second, file complaints with any state or federal agency that has jurisdiction over any laws they may have violated. If there is an issue as to whether you were and employee or independent contractor, obvious agencies include the state unemployment fraud office, the workers comp fraud office, the state tax collection agency and the IRS. They will not have filed empoyment taxes or paid for state required workers comp insurance.

    If there are discrimination issues involved the EEOC is the place to file.

    If they violated cobra and are a private employer, you file a complaint with the U.S. Dept. of Labor. If they are a public employer, you file a complaint with the U.S. Dept of Health and Human Services.

    If the employer is an attorney, or you have actually been sued, you can file a complaint with the state agency in charge of enforcing lawyer professional responsiblity. These are just examples. If you do file any claims, be sure that you have documentation to back them up so they can't come after you for making false claims to an agency.

    Make this as expensive as possible for them.

  3. #3
    Join Date
    Sep 2005
    Location
    Mars
    Posts
    1,313

    Re: Legal Ramifications of Posts?

    Very interesting! I have not been sued, but it is clear to me some of the shadier ventures that I have evaluated and posted on are very unhappy about it! I know we are costing some companies downline. I have also reported one venture that tried to recruit me to the Attorney General's office. It turns out I have heard from others that have done the same. The facts and opinions I post are not what these MLMs like to see in public forums, but it is important to expose these ventures for what they are so folks being recruited get a well rounded picture. Folks need to see both sides so they can make an informed decision! Thanks for the info!

    Soapboxmom

  4. #4
    Join Date
    Oct 2005
    Posts
    97

    Re: Legal Ramifications of Posts?

    Well, my last permanent employer acted very stupidly when they screwed me over. So far I only have two agencies involved. But I'm the wrong person to mess with.

  5. #5
    Join Date
    Apr 2014
    Location
    Orlando, FL
    Posts
    389

    Re: Legal Ramifications of Posts?

    testing 123

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