Legal Question in Civil Litigation in Illinois

Re: email lawsuit?

This sounds like a problem that is not a problem, inasmuch as he states �stop the emails or there would be legal proceedings.� So, to avoid legal proceedings, simply take the necessary steps to ensure there are no more emails.

With regard to the question of whether you (or your company) can be sued by this person as a result of the emails, the answer is yes. He can sue. Absolutely. However, I can�t say whether he would prevail in the lawsuit. I doubt he could get money damages, but there is a small chance that he could get an injunction to prevent further emails being sent by you to his email address.

With regard to your potential recourse against him, you have no case against him YET. He objected to your email, and notified you (and your company as the internet service provider) to stop the emails or else. There�s no liability in that and certainly no damages (you haven�t been fired).

On the other hand, if you lose your job because of something this person did, he may be liable in damages under a tort called �interference with economic relations.� To prevail against him, you would be required to prove that 1) he intended to interfere with your employment relationship with your company, and 2) he did so for a motive or purpose which was malevolent, i.e., with malice or ill will. If he has a legitimate interest to protect (which he may indeed have, e.g., no more email from you) the addition of a spite motive usually is not regarded as sufficient to result in liability. Unless he does something more than complain about your email to him and threaten action if the emails don�t stop, you will have a difficult time sustaining a case against him.

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Re: email lawsit?

Assuming, as you say, that you merely sent vacation photos with no harassing words or other communication, I am hard-pressed to think of a claim against you by the recipient of your email. Even if there were such a potential cause of action, what are the recipient's damages?

Based on the little you have conveyed, seems like the recipient is trying to make a whole lotta hay out of nothing. (Again, your question did not indicate that you had engaged in any other potentially harassing acts.)

-- Kenneth J. Ashman; www.lawyers.com/alo

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