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Thread: A legal threat

  1. #1
    Administrator TheCableVine's Avatar
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    Default A legal threat

    It pops up now and then that a company gets called out on their actions and the owner doesn't appreciate what was said about his company. All have had the decency to send me an e-mail ASKING me to remove a thread. This person threatened me with a law suit. So, I removed the thread where the guy was accused of not paying his employees etc.

    Anyway, until I get this straightened out and I talk to some legal advisor this week or next week it will be down.

    So... just to keep things smooth don't mention that guy or the company that (allegedly) doesn't pay people.


    Blah blah blah.
    Last edited by TheCableVine; February 13th, 2013 at 01:03 AM.
    "Change does not always equal progress."

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    Default Re: A legal threat

    Quote Originally Posted by TheCableVine View Post
    It pops up now and then that a company gets called out on their actions and the owner doesn't appreciate what was said about his company. All have had the decency to send me an e-mail ASKING me to remove a thread. This person threatened me with a law suit. So, I removed the thread where the guy was accused of not paying his employees etc.

    Anyway, until I get this straightened out and I talk to some legal advisor this week or next week it will be down.

    So... just to keep things smooth don't mention that guy or the company that (allegedly) doesn't pay people.


    Blah blah blah.








    Well, if that dude were to pay his employees he wouldnt get called out on it. Evidentally it must be true for this feller to cry about it.

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    Default Re: A legal threat

    Never mind my previous post! I get it. By the way from what I know you are 100% okay to keep the post up. I was following a similar case where someone posted something negative about a business they patronized. The legal stance on it was that it was the opinion of the person posting and legally they had a right to say it. They business owner has a right to post a rebuttal. I would not let him scare you.

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    Senior Member yahoo's Avatar
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    Default Re: A legal threat

    I agree with union.......if he has nothing to hide Steve then he should not even be contacting you .......PL probably knows if it is legal or not what he says he will do ?????
    Quote Originally Posted by union_YES View Post
    Well, if that dude were to pay his employees he wouldnt get called out on it. Evidentally it must be true for this feller to cry about it.
    wise men talk because they have something to say and fools because they have to say something....plato

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    Default Re: A legal threat

    Here is a link that might help you. A contractor was suing a lady for posting a bad review. Basically it was determined that she had the right to post her experience. I would imagine this is pretty close to the same. It might come in handy to have this case when you get some legal advice.
    Court Validates Angieís List Business Model of Consumer Protection

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    Senior Member yahoo's Avatar
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    Default Re: A legal threat

    according to that lawsuit....Steve would not be liable for any info said by a third party ......I think you are right ..(he) linefinders boss..... should have offered a rebuttal of some type to clear his name or companies name......
    wise men talk because they have something to say and fools because they have to say something....plato

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    Administrator TheCableVine's Avatar
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    Default Re: A legal threat

    Thanks for the replies.

    First off. I just finished talking with Jed H. of Line Finders Inc. He is a decent person and is a hard working man trying to build a business. He relayed to me some stories about what he has to deal with up there in N.D. I think everyone knows the situation. Housing is hard to come by. The water all over the place stinks if you are on a well. They are building like mad. People live in trailers, tents, and all sorts of housing. I've heard on the news on several different occasions how housing is hard to come by. It isn't a vacation town. People just up and leave. Some with 2 weeks notice and some without.

    We have seen over the course of the life of this website people popping up complaining about companies. That is fine. That is life and that is the way it should be. People should have a voice. But, calling someone a crook steps over the line morally and legally. I have to give due diligence as the owner of this site to keep that stuff off the pages. I have done it on quite a few occasions. People mentioning others names and asserting what amounts to disprovable accusations. The same goes with some companies mentioned on here. I CAN be held responsible for any libelous postings that are meant to harm the character or livelihood of another person. I believe that was the purpose of the poster but that isn't the purpose of this website.

    I admit that the post in question slipped by me. I don't read everything like I should, but I just don't. In that post it is okay to give your opinion and state your situation. But, calling somebody a crook is crossing the line. Jed explained to me the situation where the person didn't get paid and it sounds reasonable to me. I accept his explanation. He has the paperwork to back it up and he offered to send me copies of it.

    As far as the actual legality of the whole deal. It is not forbidden to mention a company or a persons name. But, when the post is defaming in any way and is unprovable, then it is crossing the line legally. I and the poster can be held responsible. Me, for allowing it to stand and the poster for posting it to begin with.

    Libel: anything that is defamatory or that maliciously or damagingly misrepresents.
    Defamation: the act of defaming; false or unjustified injury of the good reputation of another, as by slander or libel.

    It gets even worse if you do it purposefully and maliciously.

    You can talk about Line Finders, USIC, ELM, Utiliquest, etc... but do not post anything unless you can prove it. I will be more diligent in watching for this stuff.
    "Change does not always equal progress."

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    Default Re: A legal threat

    Quote Originally Posted by TheCableVine View Post
    Thanks for the replies.

    First off. I just finished talking with Jed H. of Line Finders Inc. He is a decent person and is a hard working man trying to build a business. He relayed to me some stories about what he has to deal with up there in N.D. I think everyone knows the situation. Housing is hard to come by. The water all over the place stinks if you are on a well. They are building like mad. People live in trailers, tents, and all sorts of housing. I've heard on the news on several different occasions how housing is hard to come by. It isn't a vacation town. People just up and leave. Some with 2 weeks notice and some without.

    We have seen over the course of the life of this website people popping up complaining about companies. That is fine. That is life and that is the way it should be. People should have a voice. But, calling someone a crook steps over the line morally and legally. I have to give due diligence as the owner of this site to keep that stuff off the pages. I have done it on quite a few occasions. People mentioning others names and asserting what amounts to disprovable accusations. The same goes with some companies mentioned on here. I CAN be held responsible for any libelous postings that are meant to harm the character or livelihood of another person. I believe that was the purpose of the poster but that isn't the purpose of this website.

    I admit that the post in question slipped by me. I don't read everything like I should, but I just don't. In that post it is okay to give your opinion and state your situation. But, calling somebody a crook is crossing the line. Jed explained to me the situation where the person didn't get paid and it sounds reasonable to me. I accept his explanation. He has the paperwork to back it up and he offered to send me copies of it.

    As far as the actual legality of the whole deal. It is not forbidden to mention a company or a persons name. But, when the post is defaming in any way and is unprovable, then it is crossing the line legally. I and the poster can be held responsible. Me, for allowing it to stand and the poster for posting it to begin with.

    Libel: anything that is defamatory or that maliciously or damagingly misrepresents.
    Defamation: the act of defaming; false or unjustified injury of the good reputation of another, as by slander or libel.

    It gets even worse if you do it purposefully and maliciously.

    You can talk about Line Finders, USIC, ELM, Utiliquest, etc... but do not post anything unless you can prove it. I will be more diligent in watching for this stuff.
    I am sorry but I was not aware that we could not mention L.F. on this site. I agree that the original poster that shed light on LF went a little overboard with the whole crook thing. I was only adding to a previous post. While I was typing up my long story last night, the old post vanished so I started a new one. Then afterwards, I understood why it disappeared but it was too late.

    I donít want any trouble and there is nothing personal against anyone. Every company makes mistakes and can improve. The best way to solve this small problem is to cut the checks owed and sincerely apologize to the workers and take steps to improve conditions. This company can put this behind, take off and earn loyalty from its employees. It really has potential. But call us liars and continue to twist the knife, will be the downfall. I donít mind this thread being deleted after I get paid. It will be water under the bridge.

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    Senior Member ProfessionalLocator's Avatar
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    Default Re: A legal threat

    I do not know why the checks were not issued by the company and the reason given was not posted. That said their are circumstances were some pay may be withheld.

    If the employee has not turned in all the equipment then money for that equipment can be withheld.

    Some companies have a policy of not paying unused vacation pay if the employee quits without the minimum notice required by written company policy. I looked this up and it appears to be legal. Also if the employee is fired for cause such vacation time need not be paid. There may be a state requirement in some states to pay regardless of policy but I could not find any Federal statue requiring pay in such circumstance.

    Also found several cases where such policy of not paying was supported, looks legal.

    Accrued leave listed as 'sick leave' need not be paid, a Federal thing.

    The poster of the original thread did not put the reason they were given pay was withheld.

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    Senior Member USIC1's Avatar
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    Default Re: A legal threat

    Quote Originally Posted by yahoo View Post
    according to that lawsuit....Steve would not be liable for any info said by a third party ......I think you are right ..(he) linefinders boss..... should have offered a rebuttal of some type to clear his name or companies name......
    eeehhmmm...

    is it my turn now - seein how everyones throwin in on this discussion ???

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    Administrator TheCableVine's Avatar
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    Default Re: A legal threat

    J.H. with Line Finders posted a rebuttal to the accusations here: Line Finders Inc.
    "Change does not always equal progress."

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    Administrator TheCableVine's Avatar
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    Default Re: A legal threat

    Quote Originally Posted by USIC1 View Post
    eeehhmmm...

    is it my turn now - seein how everyones throwin in on this discussion ???
    I'm kinda hoping the discussion dies down. Both sides have posted their view of the situation so now nothing more should be said.

    Read the posts and then "talk amongst yourselves".
    "Change does not always equal progress."

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    Senior Member sauroke's Avatar
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    Default Re: A legal threat

    This is a free to write forum, there has never been any writing or intention to harm a companies name by hosting a forum. It was, from what I understand, a place to voice opinion, give feedback, and gain knowledge of all things related to underground locating.
    If an employee is not happy with a situation, gives advice that is wrong, or posts something bad about an employer, that is part of having an open forum. We are not here to be watched over as employees or ex employees of any company, we are here because of our common interest of doing what we do best.
    I know I have posted nasty things about certain powers to be, as I "feel" this is what is going on.
    I see both sides of the fence here, but in truth, freedom of speech goes a bit farther than a loss of character. In my opinion, just mine, not the views of thecablevine.com or any subsidiary, employee etc., if you don't try to resolve this outside of here, why would you pay a lawyer more money than it's really worth? You could have said your end of the story and let the thread continue.

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    Default Re: A legal threat

    I am at this point, a bit ashamed after reading the rebuttal in line finders thread. A very clear and concise response was made, including the employee's breakdown. I'm sorry for any inconvenience!

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    Senior Member USIC1's Avatar
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    Default Re: A legal threat

    Quote Originally Posted by TheCableVine View Post
    I'm kinda hoping the discussion dies down. Both sides have posted their view of the situation so now nothing more should be said.

    Read the posts and then "talk amongst yourselves".
    Just trying to rattle or push ol yahoo's buttons not trying to promote the topic.

    I see those jobs posted week after week with substantial pay, and figured it was a challenging situation regardless who runs the operation.

    I learned after signing up for the marine corp. and a few other challenging occupations years ago!!!

    Sometimes one has to use judgement...

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