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Business

Cease and Desist

Georgia

Asked on Mar 14, 2022

When to send a Cease and Desist Letter?

I am a small business owner (retailer), and had a long time staff member (Michael) develop a drinking problem. He felt comfortable enough to come to work intoxicated on a few occasions putting the rest of the staff and my business at risk. He was a supporting manager and had keys to the store. One day he had to be driven home from work because he was too inebriated. Another staff member who drove him to his home gave him a couple of days to come clean to me before she would tell me what happened. He never told me even though i gave him every opportunity to do so. So I had a meeting with him and explained that I was disappointed and wanted to help him, but my business and family had to be protected as well so I took his keys and title away while keeping him employed and at the same pay rate. I did this in hopes that he would get some help and didn't have to worry about being unemployed. Then Covid hit. Had to shut down for a little while. I kept in communication with my team (including Michael) throughout. Everyone responded except Michael. When it was time to re-open I asked everyone to respond letting me know if they were coming back to work. Everyone responded except Michael. Never heard from him again. So, I terminated him under "job abandonment". He then went to work at another local shop, and so I was happy for him and went on with my life and business. A couple of weeks ago I started to get some messages from mutual friends asking me what Michael was posting about on Facebook and other platforms and it turns out he has been posting derogatory comments (all lies) about how we treated him horribly and these could affect my business. None of our staff members can see these posts directly because he has blocked us all. We have, however, been receiving screenshots from mutual friends. Again, this went down over two years ago! I kept him employed I paid him through the pandemic including doing his unemployment paperwork weekly. I didn't fire him. He chose not to come back to work I demoted him and kept him at the same pay rate I tried every way that I could to help him find help I simply want this to stop as I did nothing wrong and did much more than any other employer would have. His parents are enablers and are probably behind this.

2 Attorney answers

Answer

Business

Georgia

Answered 181 days ago

Meghan T.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia
Free Consultation

Hello, In Georgia, defamation consist of producing a false and defamatory statement about another. Libel consists of writing (via text, social media, or even through a review) a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person. Finally, slander of (oral defamation) occurs by making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or uttering any disparaging words productive of special damage which flows naturally therefrom. You can write a letter to your former employee outlining the law and describing how they defamed you and your business. If you have any questions, feel free to reach out to me and set up a consultation. Thanks, Meghan K Thomas, Esq

Answer

Employment

Georgia

Answered 181 days ago

Gregory F.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia, New York
Free Consultation

If the Michael has been posting false FACTUAL statements about you or your company, despite his knowledge that they are false, and reputational harm could occur, you may have a claim against him for defamation of character. If, on the other hand, he has been posting negative OPINIONS about you or your company, that is unfortunately not illegal and therefore a cease and desist letter would have no "teeth."

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