Legal Question in Employment Law in California
I have an issue with a company I interviewed with. I spent over a month and half interviewing with a company that asked me to provide presentations and bring in materials and examples from previous jobs. I received an offer from another company and told this company that I had extensive interviews with because I was very interested in the position they had posted. They called me in to a final group interview and asked me to bring more examples in. I went and spoke for almost 2 hours and was asked to provide additional information in an email. The next morning I was told I was not the right candidate. I am pretty sure this is not illegal; however this company has had this job posted for over 10 months. I believe this issue is more of an unethical approach to receive free consulting support.
My issue is as follows: Because I felt this was unethical I researched the company and it's interview practices online. I found a blog where someone posted a simiIar experience. I did not want other's to experience the same issue I did with this company so I posted my experience on the blog.
Now I am getting phone calls and emails from the company. Here is the latest one- "As I indicated in my voice messages, I would like to continue this dialogue via the phone, not e-mail. This is a very time sensitive issue given your position regarding the disclosure of sensitive and protected XXX information."
I did not sign a non-disclusre document and feel I am being harrassed. Do I have any legal recourse? Do they have legal recourse? Isn't freedom of speach protected if I did not sign any thing with this organization?
3 Answers from Attorneys
Freedom of speech only relates to government action, and does not affect an allegation of defamation, release of confidential information, or breach of contract, but you have other rights and protections. What would you like to happen, and do you really want to spend attorney time on this?
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Freedom of speech only relates to government action, and does not affect an allegation of defamation, release of confidential information, or breach of contract, but you have other rights and protections, but that does not mean you can do anything you want either. What would you like to happen, and do you really want to spend attorney time on this?
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
You are correct their conduct is not 'illegal', nor is it actionable. However, if you 'slandered and defamed' them, they could take legal action against you, as it seems they are threatening. As long as you presented only the FACTS without exaggeration and can prove that, you have a solid defense to slander. That doesn't mean it will be free. I suggest you quiet this down with an apology or retraction, even if you don't like it, to avoid legal action where you will spend money. Just because they might not win a suit, doesn't mean they wouldn't file one. It's done every day for strategic reasons. Hire an attorney to deal with them, which should cool them down.
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