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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74453
Experience:  Qualified Employment Solicitor
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How does this work?? LOL, What?? Am I speaking to a real

This answer was rated:

Hello
JA: Hi. How can I help?
Customer: Hey How does this work?? LOL
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: What?
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: ?
JA: What confuses you?
Customer: Am I speaking to a real person here?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. Thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Please provide some more details of your circumstances.

Customer: replied 1 year ago.
Hi there.
Customer: replied 1 year ago.
I'm also Ben. ��
Customer: replied 1 year ago.
I've left my sales role at a small company in January.
Customer: replied 1 year ago.
At the time i left I was owed £27k.
Customer: replied 1 year ago.
The reason I left was because they refused to pay the owed commissions which breached my contract.
Customer: replied 1 year ago.
I was under financial strain and the stress was affecting my marriage.
Customer: replied 1 year ago.
On my exit interview the chairman said he wouldn't be paying out my notice period.
Customer: replied 1 year ago.
I threatened tribunal action and they relented.
Customer: replied 1 year ago.
Long story short, after my final installment of commissions i rang one of the other directors and let forth with telling him how unhappy I was with the breaches of contract, stress etc.
Customer: replied 1 year ago.
The chairman was also Extremely racist in my presence on several occasions, which i bought up. I'm white but my wife is Indian, so I was particularly hurt and offended b
Customer: replied 1 year ago.
I've threatened to expose everything that occured to their licensors in the USA should they not buy out my shares at a favourable rate.
Customer: replied 1 year ago.
They've sent me a cease and desist letter saying i was threatening slander and extortion.
Customer: replied 1 year ago.
What is your advice?

Thanks. What do you specifically want to know about this, please?

Customer: replied 1 year ago.
Should i respond to the cease and desist letter?
Customer: replied 1 year ago.
Everything I'm saying is 100% true. Verifiable. I would never lie. Is this slanderous?

And you have evidence to back up anything you say?

Customer: replied 1 year ago.
The non payment of salary is indisputable. The other director and and another employee were witness to the racism. I consulted a lawyer when threatened with wrongful dismissal. There are lots of emails.

Ok thanks. Defamation (which includes libel and slander) only occurs when the following elements are met:

1. There has to be a defamatory statement - the assessment that is often used to establish this is whether the statement tends to lower the claimant in the estimation of right-thinking members of society generally

2. Its publication has caused or is likely to cause serious harm to the reputation of the claimant – this will vary based on what effect it will have but it really has to be something sufficiently serious

3. The statement has been published by the defendant to a third party

4. The claimant must prove that the words complained of were published about him - this should not be an issue if the claimant is named or clearly identified.

Truth is the ultimate defence to defamation so as long as something is truthful, it cannot be defamatory even if it damages their reputation. That won’t prevent them from playing dirty and starting court claims or engaging lawyers to make life difficult for you, even if the final outcome s in your favour.

Does this answer your query?

Customer: replied 1 year ago.
I would not publish or put anything in writing.
Customer: replied 1 year ago.
Only disclose verbally.

Then that would be alleged slander, but verbal statements are still considered ‘publication’

Customer: replied 1 year ago.
At the moment i haven't disclosed anything to anyone. Only threatened to to the other director
Customer: replied 1 year ago.
Ahh. Okay.
Customer: replied 1 year ago.
Maybe I'll case and dissist for the moment? Try and negotiate an outcome?

you certainly can, you can always reconsider your position in the future if needed

Customer: replied 1 year ago.
What about if i tell others people to avoid the company as they didn't pay me correctly and I was forced out with £27k in commissions owed?
Customer: replied 1 year ago.
They can't really dispute that. And I'm under no NDA.

same as above - unlikely to be unlawful but won't stop them trying to challenge you in whatever way they choose

Customer: replied 1 year ago.
Also, do I need to reply to the cease and desist, or just ignore and keep my mouth shut from now on?
Customer: replied 1 year ago.
negotiate with them regarding the share sale.

Legally, no you don't, but it may make them back off a bit if they know you are complying

Customer: replied 1 year ago.
Should i send an email to the director telling him that although everything we discussed was 100% true and verifiably so, plus the employment contract was breached multiple times, I will cease and dissist for the moment, pending the outcome of negotiations regarding the shares?
Customer: replied 1 year ago.
Or do I seem like a toothless tiger?

No, not necessarily, I would also say that you are doing so in the interest of keeping things amicable for the purpose of negotiations, which implies that you reserve the right to potentially go back to it if things are not resolved

Customer: replied 1 year ago.
Okay. Good call.
Customer: replied 1 year ago.
I do want to keep it amicable. Although I'm really hurt by these cowboys.
Customer: replied 1 year ago.
To be honest i think legally I'm fine, as anything I would say would be 100% true. I suppose having the other director as a witness probably doesn't help? Lol
Customer: replied 1 year ago.
Although he'd have lie under oath if it went to court.

hah...it just it more personal for them probably

Customer: replied 1 year ago.
The only disputable thing would be the disgusting racism. He would dispute obviously. The director i spoke to yesterday didn't dispute it though. He said it was because John had lost lost of money with Indian businessmen and the past.
Customer: replied 1 year ago.
The statements made were disgusting though. As i said, my wife is Indian and i saw it as a form of bullying
Customer: replied 1 year ago.
Also Ben. If they're saying I'd be breaching my employment contract confidentially terms. However, discussing my own employment and remuneration would not fall under this, right?
Customer: replied 1 year ago.
Also, surely not paying my contractural salary and sales commissions would be a breach of contract on their part?
Customer: replied 1 year ago.
Therefore the contract would be null and void anyway.
Customer: replied 1 year ago.
Also, sorry. One more question. If i offer to sign an NDA on the provision of receiving a good share price, is this legal?

I would stick to allegations and statements you can back up with evidence, not just an opinion. It is unlikely they can argue you are breaching confidentiality terms and there is indeed a likely breach of contract on their part. It is also legal to agree to an NDA in exchange for a deal on the shares

Customer: replied 1 year ago.
Okay. Cool. Thanks Ben.
Customer: replied 1 year ago.
I can relax for now? Lol

Enjoy your Friday night and try not to think about it over the weekend!

Customer: replied 1 year ago.
Hahaha. Cheers mate.

You are most welcome

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