Legal Question in Business Law in California
Jobs Posted Incorrectly
Our S-corporation in CA has received a number of applications for jobs that do not exist. After a internet search, it was found that a website has recently(within the last 3 weeks) posted 3 jobs for our company (no one at our office created these listings.) After a polite email asking to remove them, the jobs are still listed. What can we do to stop this? Is there anything we can do to prevent this from happening again?
3 Answers from Attorneys
Re: Jobs Posted Incorrectly
I'vre read and agree with the previous answers. I would add that you really need to investigate this incident with an eye to seeing whether there is another company with a sufficiently similar name or URL so there is a genuine likelihood of confusion. If that's the cause, whether your company or whomever you're being confused with has the prior or superior right to use the name, you'll want to know about it. Then figure out who has the superior right and either change your name or demand that they change theirs, as appropriate. Just a thought; there are obviously other possible reasons for what happened, including old-fashioned malice.
Re: Jobs Posted Incorrectly
You should send a written warning (real letter and envelope--email, even if to right address, may have been trapped by a spam filter), asking that the postings be removed immediately and pointing out that they are causing you damage. If it is not an honest error on their part, we would be interested in hearing more. You can contact us through our website: www.classlitigation.com.
Re: Jobs Posted Incorrectly
Welcome to the world of the anonymous internet. Legal action against anyone on the internet is difficult, unless you know where their brick and mortar business is located. Even if you do, litigation would require you have provable 'damage' sufficient to base a cause of action on, and sufficient to justify spending the time and money suit would take. It MAY be possible to persuade them with a lawyer's letter to cease and desist, based upon a threat of litigation. If serious about doing so, feel free to contact me.
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