A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Cease And Desist Letter To Former Employee In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
The company was ordered by the court to cease and desist from selling the photographs.
If you are writing the letter yourself, you should include the following information: Your name and contact information. Name and contact information of the person or business being asked to stop the behavior. Specifics about the activity you wish them to stop.
A cease and desist letter is a forceful and formal requests to discontinue an activity with the potential for legal action. It must include key components such as identification of the issue, evidence to support claims, consequences & a legal basis for demands.
A cease and desist letter is a forceful and formal requests to discontinue an activity with the potential for legal action. It must include key components such as identification of the issue, evidence to support claims, consequences & a legal basis for demands.
This letter notifies or reminds the new employer of the former employee's contractual obligations, puts the new employer on notice of a potential violation, and may serve as evidence in litigation.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
Effective cease-and-desist letters include the following information: A thorough yet concise and clear description of the activity that must be stopped. The legal basis for your claim. The consequences if the recipient of the letter fails to comply. A deadline by which the activity must stop.
You certainly can ignore a cease-and-desist letter. But that means you're going to get sued. And that is going to be expensive and a big hassle regardless of whether you win or lose. And often in these cases, you will definitely lose. So you're much better off complying, but the letter itself has no force of law.
Risks Of Ignoring A Cease And Desist Non-compliance with the demands outlined in the letter might also escalate the dispute, leading to increased legal fees and a prolonged resolution process. The risk of a negative outcome in court heightens when the recipient fails to address the issue at the initial stage.
and desist letter is a cautionary notice sent to an alleged wrongdoer, describing the offensive activity and the complainant's remedies, and demanding that the activity stop. (Black's Law Dictionary, 11th ed.) The resources listed below are not exhaustive and may not include the most uptodate information.
