What would you do?

[stitch]

I'd like to petition the peanut gallery here. I moved to Denver for a job with a startup. I was with the company for about 4 months as an unpaid partner. I agreed to help get the company off the ground with the understanding I would be a owner/manager type. Didn't have a contract, did everything on a handshake. Didn't take long for me to figure out the owner was a complete and total dirtbag. Fraud, promises that weren't kept, did some stuff to ruin competitors business, some safety issues and the guy was a total psycho. Would fly off the handle at the smallest little thing. Guy has a history of this crap in different states with different companies. Was kicked out of the last place for pulling this crap and apparently stole stuff to start his new company.

Things got pretty bad so I resigned, later I get some threatening emails(within minutes). Nothing too violent, just "claims" he knows something about my past. I don't have anything in my past to be worried about so I blow him off. I am a Vet and hold a clearance.

A few weeks go by and I am interviewing with one of his competitors. The general manager of the place calls me after our conversation and says, you need to be aware that your former boss is calling around to local companies and telling them to watch out for me. "I have a criminal background and tried to hide it so he fired me". Also said I lied about other stuff on my resume but wasn't specific about what. Says he knows the guy is full of crap and offered to be a witness if I wanted to press charges or sue. He said my former "boss" did this to a couple of other people who worked for him or were competitors of his company and tried to ruin their lives just out of spite. The GM told me of some others who I should talked to about what is being said and they confirmed that he had called them and said similar things. In some cases he was specific about a certain type of crime that could really ruin my life if anyone took it as the truth. Couple of people at the company have completely avoided me over what is being said.

None of it is true, so I called the police, they said it was a civil matter. Because of the seriousness of the specific crimes he is alleging I pushed hard on the police until the DA told me to basically frack off.

While trying to get the police to do something, I am calling lawyers like mad. I've probably spoken with over 30 who will not touch the case. They all say, I have no damages and even if I did the guy has no money to go after. Apparently one can say anything they want about another, unless they put it in writing it isn't a crime. As another thread said "Sometimes the 1st amendment sucks".

So the legal system has completely failed me, no lawyer will touch this without 30K up front, no job, no one wants to hire me and get involved in the drama. It's a small industry so this sort of stuff gets around.

What do you guys think I should do. Violence is out of the question because I would be the primary suspect. I'd go to the news with this but I don't want to repeat what is being said. I wouldn't normally post something like this but I am stuck.

[rforsythe]

Well, he is certainly defaming your character, and depending on what he's saying it could have permanent effects on your clearance. I'm not sure what the laws around harassment are, though if the cops and DA both won't look at it then either it doesn't qualify, or it's beneath them.

I would make sure you document absolutely everything, in minute detail, just in case it does start to go further downhill. It sounds like his own reputation precedes him, which will at least help employers realize you're not who he's saying you are, but at some point you may at least be able to get some sort of court order preventing him from continuing this.

1st amendment is being twisted a bit here - if he is actively spreading false and detrimental information about your character in an attempt to ruin your life, then he is committing a crime.

[MetaLord 9]

Get a TRO. When he breaks it, then the police can deal with it. It would count as harassment so I would think you'd be able to pick up a restraining order pretty easily that would include potential employers.

You're not gonna like it, but they're right. He's slandering your name which is not protected by the First Amendment, but he's not committing a crime. What he's doing is hearsay until you can get recordings of it. He's also got no money, so you'd be suing a dry well and the joke would be on you to pay for the lawyer.

Like I said, get a retraining order to get him the fuck away and then, when he breaks it, document it and submit to the authorities.

[Mother Goose]

What's his address? :D

[Dr. Joe Siphek]

what industry do you work in?

[JustSomeDude]

I'd go to the news with this but I don't want to repeat what is being said. I wouldn't normally post something like this but I am stuck.

Why NOT go to the news if what is being said is false?!

If you are sure 100% of what is being said is bullsh*t, go public! He has more to lose than you do!! He would be put in the hot seat and have to back up his claims, and the pressure would be on him to try to represent himself as an honest individual. Best case, people from other states/his past business dealings may step up to support you.

F*ck this dude!!! Get Tom Martino on the phone.... PRONTO!!!!!!!!!!!!!!!!!!!!!

[stitch]

I tried the TRO thing. I was told unless there was a physical threat of violence I would not get one. Plus the guy is known for turning around and making up stories to get TROs on anyone who filed one on him. He has 5 in two years. I was told to lay low. I would have to give my home address to him if I got a TRO so then he would know where to find me. They said most stalkers give up after a few years or move on to someone else. So a TRO is out unless he does something drastic.

I don't want to be specific on a public Internet forum so I am not going to say what industry I work in. Small industry, small town.

[stitch]

Why NOT go to the news if what is being said is false?!

If you are sure 100% of what is being said is bullsh*t, go public! He has more to lose than you do!! He would be put in the hot seat and have to back up his claims, and the pressure would be on him to try to represent himself as an honest individual. Best case, people from other states/his past business dealings may step up to support you.

F*ck this dude!!! Get Tom Martino on the phone.... PRONTO!!!!!!!!!!!!!!!!!!!!!

Funny thing is he knows Tom Martino (or claims to be friends with him). I don't think going public is the right way to go about this. I don't want any of this stuff associated with my name (well any more than it already is). I was also told if I go to the news with it I then am responsible for spreading the rumors and he can't be held accountable for it. Frankly I am not sure the news would have any interest in this. While it is detrimental to me personally, it's not really news worthy.

[Mother Goose]

Porn. :D

[rforsythe]

Funny thing is he knows Tom Martino (or claims to be friends with him). I don't think going public is the right way to go about this. I don't want any of this stuff associated with my name (well any more than it already is). I was also told if I go to the news with it I then am responsible for spreading the rumors and he can't be held accountable for it. Frankly I am not sure the news would have any interest in this. While it is detrimental to me personally, it's not really news worthy.

Anyone can be Tom Martino's "friend" for a nice fee.

Without actual proof you don't want to throw it back in his face either, at that point it's your word against his. Even with witnesses in private, I doubt any are going to get involved publicly and risk their own reputations, especially in such a small world.

[Wrider]

I don't mean to be an ass here, but this is how I'm seeing it so far...
You can't do anything legally as told to you by several LEOs and the DA.
You don't want to do anything privately for fear of retribution in such a "small world" doing whatever it is you do.
You're not willing to do anything to personally confront him.

What exactly can we offer besides condolences and "sucks to be you" type sympathies?

[TurboGizzmo]

Go go gadget social engineering hat:

Get a fake number online or something or use a payphone. Bring a recorder.....get someone (or yourself) to call him acting (or for real) trying to get a reference for yourself.....record....

Would be interesting to hear what he says.....then you can figure out if you can use it or not....

[stitch]

Porn. :D

Nope, I wish. Everything I do is legit and has no questionable activities.

[stitch]

I don't mean to be an ass here, but this is how I'm seeing it so far...
You can't do anything legally as told to you by several LEOs and the DA.
You don't want to do anything privately for fear of retribution in such a "small world" doing whatever it is you do.
You're not willing to do anything to personally confront him.

What exactly can we offer besides condolences and "sucks to be you" type sympathies?

Sympathies isn't what I am looking for but I am out of ideas. I was looking for anything else that I might not have thought of, hence the post. It's possible that you guys don't have anything new to offer. But I am exploring all my options.

It isn't that I don't want to do anything privately but the usual things one would do either didn't work or can't in my situation without large sums of cash. I was probably not clear but I did try to get a TRO and was denied for the reasons stated above.

I have also personally confronted him, I was strongly told by LE to not do that again.

I don't want a bunch of "sucks to be you posts" but I am looking for some new LEGAL ideas.

[stitch]

Go go gadget social engineering hat:

Get a fake number online or something or use a payphone. Bring a recorder.....get someone (or yourself) to call him acting (or for real) trying to get a reference for yourself.....record....

Would be interesting to hear what he says.....then you can figure out if you can use it or not....


Without being specific we are trying something like that but it isn't that easy and straight forward (Remember there is more than just myself on the reciving end of this and we are trying to work together). However, you can't just call this guy out of the blue and say "I am looking for a reference for "Stich". He knows I am trying to catch him in the act. So if joe schmoe calls up he isn't going to do it, but if someone he can verify from the industry calls up and says I heard these things and want to verify. He might open his mouth.

[Ricky]

It's called slander. You have every legal right to go after this guy legally. You even have a witness.

There's a difference between spreading a rumor, and slander.

There's nothing wrong with trying what you can, and making a fake phone call. Get a skype number for a month ($3), and just play some games.

[stitch]

It's called slander. You have every legal right to go after this guy legally. You even have a witness.

There's a difference between spreading a rumor, and slander.

Yeah, I got that. But without large amounts of cash (the lowest quote was 30K up front) I can't find someone to take the case on contengent.

BTW guys, I appreciate all the suggestions.

[Ricky]

Yeah, I got that. But without large amounts of cash (the lowest quote was 30K up front) I can't find someone to take the case on contengent.

BTW guys, I appreciate all the suggestions.

Holy jesus fucking christ.... $30k?

Sometimes it's worth it to pay the money to a lawyer to just send a threatening letter. Screw the $30k, just have a lawyer write a simple cease and desist letter. Then you have a letter to get him angry, a letter to maybe make him think about how serious you are (enough to go to a lawyer and pay money), and when he comes after you and retaliates, you have proof you threatened him legally, and that's why he came after you.

[salsashark]

^^ Not a bad idea... usually only a couple of bills to have a letter drawn up.

[stitch]

Holy jesus fucking christ.... $30k?

Sometimes it's worth it to pay the money to a lawyer to just send a threatening letter. Screw the $30k, just have a lawyer write a simple cease and desist letter. Then you have a letter to get him angry, a letter to maybe make him think about how serious you are (enough to go to a lawyer and pay money), and when he comes after you and retaliates, you have proof you threatened him legally, and that's why he came after you.

Did that, $500 bucks to send him a cease and desist letter. Didn't do a dam thing. I don't want to get in to specifics here but I can tell you I paid for a lawyer to play the paper shuffle game. No effect.

[stitch]

Now I think you guys are starting to see my problem.

[salsashark]

Yep...





maybe its time to bring in The Wolf...
http://www.alltopmovies.net/wp-content/uploads/2009/08/winston-the-wolf.jpg

[vort3xr6]

What about going after him with the employment board? It is illegal for a previous employer to make false claims that cause you not to get a job. Going that route might yield a better advantage.

[McVaaahhh]

What about going after him with the employment board? It is illegal for a previous employer to make false claims that cause you not to get a job. Going that route might yield a better advantage.

It is illegal for a previous employer to say anything other than whether you are eligible for rehire or not.

But again, nothing criminal but with no money, no lawsuit.

I'm thinking the guy should have an "accident".

[stitch]

What about going after him with the employment board? It is illegal for a previous employer to make false claims that cause you not to get a job. Going that route might yield a better advantage.

Nope, according to the employment commission, I don't count as an employee as I wasn't being paid a salary yet so I don't meet the definition. While yes I was working for him, he denied I was to the authorities and since I can't prove it by a pay stub or contract they won't get involved. They would not accept the 100s of emails asking me to do this or that or talking about meetings and work.

[The Black Knight]

Yep...





maybe its time to bring in The Wolf...
http://www.alltopmovies.net/wp-content/uploads/2009/08/winston-the-wolf.jpg
Or

In my opinion??

Go make him an offer he can't refuse.

16765

[modette99]

..

[modette99]

..

[usmcab35]

barrett .50 and a half mile distance with no wind.. problem solved lol

[stitch]

You have the legal right to sue in small claims...yeah it won't be $$$$$ of money but if you win it shows this guy is a loser and proof you had to sue him for slander, (no one will believe anything he has to say ever again...you might have to show that winning court paper on interview/resume but oh well) you have witnesses use them, and for those that don't want to show get them to write it down and notarize it.

It will be hard for him to defend himself when witnesses claim he said such and such and initiated the call to potential employers. Especially witnesses that have no connection to YOU.

Man CO sure works different, we could not even verify employment for fear of saying something wrong and being sued in MI...LOL That was my companies policy, your legally allowed to say yes they work here, and yes they worked here during this time frame, but you could not say if they sucked, if they were a bad worker.

Small claims court isn't an option. Directly from the Colorado Small claims handbook.


The small claims court is a “court of limited jurisdiction.”

The small claims court can only handle certain kinds of claims. Basically, these are simple cases to recover money or property, perform a contract, set aside a contract, or comply with restrictive covenants. For example, a dispute between a landlord and tenant over the return of a security deposit can properly be brought in small claims court. So can a case involving a car accident, where insurance did not cover the damages to a car.


There are some things the small claims magistrate (or judge) cannot do, even if you win. The magistrate cannot order someone to stop calling you at 3:00 in the morning or saying bad things ab out you in public. If you need help of this kind, then you should not be in small claims court.

[salsashark]

Judge Judy??? :dunno:

[stitch]

Double standard, then you don't NEED to tell anyone about working for him...as you never did and it will never come up in an employment search.

That's not the issue. The issue is he has called just about evey local competitor here in Colorado and the surrounding states (remember small industry not that many companies do this type of work). Some of the companies know this guy and are dealing with similar slander and defimation. I've spoke with all the local guys and none are hiring right now or they don't want the drama associated with this. So somehow I have to come up with the money to move out of state and hope where ever I move hasn't heard this shit.

[stitch]

I will tell you I am a witness to at least one company suing him for defimation (among other things). I have been asked by another company, but they have not descided to sue yet.