Legal Question in Business Law in California

I had a phone conversation with a previous intern of mine, who wouldn't sign a conflict of interest agreement because he was operating a business that was competing with mine at the time of his employment. We had a telephone conversation the other day, where I explained the reason for his termination, etc. Now he is threatening legal action if I don't sign an NDA regarding our phone conversation that we had claiming I slandered him. I did tell my HR staff about the issue, and that his company is not legitimate, however, I never hurt his reputation publicly. Can he force me to sign this NDA after the phone call happened? I received this email from him today: "I have been made aware that you have been discussing our conversation upon your staff. As well as you have been slandering me along with your staff, This is illegal and I can/will take the necessary steps to stop it if needed. I will be having my lawyers draft up an NDA in regards to the such conversation we had last night and if these actions do continue I will proceed with legal action against you and (my company name)." He also has been harassing me with emails and phone calls threatening to take legal action.


Asked on 5/19/17, 10:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Consider the defenses to an accusation of slander. The main one here is truth of the statements. Did you say anything untruthful to your staff? Also, if necessary, you may have an additional defense.....privilege... you probably had a right to express your views to others in your organization. I don't know what this intern's economic motivation might be, but hiring "lawyers" and filing suit seems like a huge waste of his money.

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Answered on 5/20/17, 10:59 am


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