Posted 16 September 2013 - 09:26 AM
Opened a new business 11 months ago, let's hypothetically call it "XYZ Communications". Just terminated employee that was the 1st hire. Employee was terminated for refusal to follow procedures. Anyways, employee has went on public rants about business. These rants have been via email, text message, facebook private messenger and verbally spoken to coworkers, clients of XYZ Communications and general public with whom business interacts. Much of it is outright slander because it is untruths (such as the XYZ is going bankrupt, in trouble with the Feds, etc - none of this has ever occurred in any way). However, there are some truths that I am unclear about, but are harmful to reputation / credibility and the overall goal of securing clients. Here's some examples:
"There's day when no clients call XYZ Communications at all." - while this is true being that we are a new business and building it takes time, it is a major turnoff to those who hear this. This is also information that nobody would know without an employee broadcasting it.
"XYZ only has like 200 total customers. Pathetic! They're going to be bankrupt soon if they don't get their s**t together!" - once again, who wants to do business with a loser? Nobody.
(stated to current clients of XYZ) "Don't ever use XYZ. They charge more than ABC and ABC has better services. In fact, here's a business card for ABC, I am giving them to everyone I know from XYZ."
And more of the same. Even though these statements are truthful: ABC does charge less (the service being "better" is an opinion), My company does only have 200 secured accounts in 11 months. It was only myself and one employee until last month when a 3rd was brought in, I believe we are doing well. We are not going to be bankrupt, but this also seems like an opinion...?
Where does the Freedom of Speech line get drawn?
I'd like to add that a Confidentiality Agreement was signed at hire. A C&D was sent. I would like to avoid a financial drain in court if possible.
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