Legal Question in Business Law in California

Former Employer Hires a bigtime law firm against me

My former employer has high powere law firm. They have then contacted my current employer indicating that they traced annonymous emails yahoo account to an employee of my current company. My current employer traced these emails to me. I sent -dozen emails from what I thought was confedential, untraceable yahoo account from my work desk station. These emails went to board of directors and senior VP's and CEO of my former employer. These emails indicated that I had found out that one of my former employers legal council, the brother of the founder of the company, was recently fired due to some illegal stuff. I made no false allegations, but shareholder company that has not gone public, I felt the need to express my opinion.

Now, they have given me the next 48 hours to fess up and promise I will not do it agai. I have no problems coming forward and stating that I will never ever do it again, but I also do not want to fall into--name removed--trap. I really feel like this high powered legal firm is setting---name removed--trap for me, but I have no $$ to talk to--name removed---lawyer.PLEASE HELP!!! SOS !!!


Asked on 8/18/04, 5:34 pm

5 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Former Employer Hires a bigtime law firm against me

48 hours and then what, they'll put you before a firing squad?

There's a limit to what a plaintiff or its law firm can do in a short time, no matter how high-powered they are. Most of them require prior notice to you and the participation of a judge (e.g., they can ask for a TRO). But you needn't feel like life is going to end at the "deadline."

Here's what I would do:

First, stop doing whatever they objected to, if in fact you were doing it;

Next, communicate to the law firm in writing, using a service that will complete delivery within the 48 hours and provide you with proof of delivery, that (1) you are retaining legal counsel; (2) they (the big law firm) will be notified of your legal counsel's name and address when retained; (3) 48 hours is insufficient time to research and respond to their complaint; and (4) in your layman's opinion, you think you have done nothing wrong.

Then, get legal counsel, or at minimum show the threat to a local lawyer and ask for more specific advice. You should be able to get a free initial consultation, and some lawyers take credit cards. If you want to protect yourself and your assets, do not let the matter go without getting representation.

Sorry, I can't take the case, you're too far away.

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Answered on 8/18/04, 6:07 pm
Joel Selik www.SelikLaw.com

Re: Former Employer Hires a bigtime law firm against me

I would like to review that letter, you probably do not need to agree to anything.

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 8/18/04, 6:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Former Employer Hires a bigtime law firm against me

And what exactly does your former employer say is illegal about what you did? Without knowing what you are accused of there isn't much we can offer in the way of guidance.

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Answered on 8/18/04, 6:19 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Former Employer Hires a bigtime law firm against me

I'd like to help you out, too, but I'm on vacation. We lawyers must take breaks from time-to-time to maintain whatever shred of sanity still exists. In any case, I would imagine that they're trying to scare you, and stifle your free speech. There have been cases where people have sent mass e-mails to their former companies and all heck breaks loose. One company alleged that a former employee committed a civil tort like theft of services (conversion). That didn't fly. They can also try to allege you defamed someone through the e-mails (i.e. deliberately told an untruth). Of course, the truth is always a defense. I agree with my colleagues though. Since you got their attention, there's no need for further such dissemination. Get a lawyer to help you out ASAP. -Robert

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Answered on 8/18/04, 10:36 pm
Larry Rothman Larry Rothman & Associates

Re: Former Employer Hires a bigtime law firm against me

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 8/25/04, 10:27 pm


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