Legal Question in Business Law in Oregon

We are a contractor in Oregon, the CCB and Building codes are calling people that we have done work for to see if my the owner of the company did any work on the job, the owner is not licensed to do electrical work and the CCB and Building Codes are on a head hunt. In fact a person who works for the state told a client that "if I were you I would get another electrican" he did let us go from the job and now he is receiving phone calls asking if the ower had in fact done any work on the job. Can they do this can they bother our old clients?


Asked on 3/31/10, 11:43 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Yes, they can contact your old clients.

As for a state employee telling your clients to get another electrician, that would appear to be business slander or disparagement. You can sue the state employee for making that statement, which unavoidably implies that you are somehow not qualified in your profession. The Oregon Legislature a few years ago adopted a statute that allows the defendant in such a case to file a special motion to dismiss, if what he is being accused of consists of "free speech." This particular statement may or may not be within "free speech" and be immune from a slander lawsuit.

Of course, you would need to have your client testify under oath as to what he was told by the state employee.

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Answered on 4/05/10, 3:13 pm


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