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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was recently sacked by a firm called AM support services

Resolved Question:

I was recently sacked by a firm called 'AM support services ltd', as a spoof i created a facebook page called 'AM circus and security support'.
This page contained no personal reference to employees or inner information about my ex employers, just a spoof of badly run companies in general.
I then received a solicitors letter saying 'our client is aware that you have set up a facebook profile entitled 'am circus and security support'. We attatch printouts from the profile which our client considers are derogatory and potentially defamatory'

The solicitors letter contained no printouts from said site, so i requested the printouts they considered offending. I received by email 6 printouts straight from the site page, but with no indication, information or highlighted areas leaving me unclear what was creating the problem.
I have deleted the site despite not knowing their issues.
But should a law firm not be clear from the start and present a clearer case about what offenses they are levelling at a person?
thanks, David
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. There is nothing specific in law that requires the law firm to go into considerate detail, at this point as to what their client's case is. They could have easily just referred to the website, told you it is potentially defamatory and not included any evidence at all. It is really only once they consider taking the matter to court that they would be expected to build a case for their client and provide the required evidence. However, at the early stage where they just sent you a letter advising you that you have potentially done something wrong, they can include as much or as little detail as they want

Customer:

I have removed the website as they requested, though i don' beleive i have breached any laws.

Customer:

They also sent me an undertaking to sign that says 'i undertake that i am responsible for any losses which am support services limited has suffered or may suffer as a result of the creation of the facebook profile or any derogatory and/or defamatory statements made byme.

Customer:

also 'i undertake that i will not make any derogatory and/or defamatory statements in the future about am support services to any third parties. I am reluctant to sign such a document when i've done nothing of the kind. And aren't i free to express myself within reason, i'm entitled to beleive what i wish wether i'm agreed with or not?

Ben Jones :

you cannot be forced to sign an undertaking and if they wanted to take the matter further they would need to show that your comments were defamatory and that the company had suffered damages/losses as a result. This may not be easy so usually they would only issue threats and warnings and leave the matter at that, assuming you comply.

Customer:

Ok, so this letter was just a shot across the bow so to speak? and i am not compelled to sign such an undertaking unless i was taken through the courts and found guilty? is that correct?

Ben Jones :

not even the court can force you to sign one but if you refuse to sign it now it could prompt them to take the matter further but as mentioned the fact you have taken the site down and possibly proving losses they have incurred would be difficult, this may not go any further

Customer:

Ok Ben, thanks for your advice. Have a good day.

Ben Jones :

you are most welcome, all the best

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