Re: ugly incident

[Mark Whitney <WHITNEMR -at- MORRISVILLE -dot- EDU>]

   Wow... this does sound like a horrible situation. I've been in one that
was similar, although not this bad. Based on my experience, I would advise you
to speak to a lawyer, but not put a lot of hope in them.
   First, unless there is a specific, written company policy prohibiting you from
throwing away old files (especially when the finished product is in their hands)
you are probably not in any (legal) trouble for that. More than likely what they
fear is that you didn't really throw them away, but took them for future use. BUT,
you may also consider calling their bluff. If they are actually ACCUSING you of
theft, tell them to put up or shut up. If they have access to anyone beyond a first
year law student they'll know that proving you did that would be next to impossible.
   Second, the issue of character assassination. It is very easy and tempting to
throw this charge around. But it is actually one of the more difficult cases to win
(in America anyway). One of the main things you will have to do is show ACTUAL
damages. Not just hurt feelings, or unfairness. You will have to show 1): that you
have an actual monetary loss (might be your severence package, or future earnings.
Keep track of ALL court related expenses - those are usually recoverable),
and 2); that your PROFESSIONAL reputation has been significantly hurt (is it hard
to get another job because these allegations are being spread throughout your
professional community?).
   There are other ways to approach a slander case, but these are the main two that
lawyers are going to look at. Few lawyers are going to spend there time so you can
win and get a $1 symbolic judgement. Of course, if you happen to have a ton of
disposable income (slander suits are notoriously expensive) and just want a symbolic
victory, there are plenty of lawyers that will work for hourly pay.  :)
   Another option (the one that worked for me) is an out of court settlement. Research
(or have a lawyer do it) the case law that the company supposedly violated, and send
specific, (registered mail) correspondance that outlines your complaints and how they
match the case law, and (perhaps most importantly) what damages you will be suing for.
Companies know that dealing with cases like this (even if they win), especially for
smaller start up companies, can be very expensive. If they don't have one on retainer
they have to pay for the lawyers, they may have to pay damages, and very importantly,
there is the issue of negative publicity (which you can subtly mention in following
conversations). You can also get them to agree that the manager you dislike will not
speak to potential future employers, remove negative comments etc.
   Another option (prior to legal) is mediation or arbitration. The courts love it
as it reduces their load. Also, if they refuse, you can bring up in court that YOU
offered to mediate, but they turned it down (makes them look bad - if you're right
you don't generally turn it down). Don't go there unless you are fairly
confident that you can persuade a third party that you are in the right though,
because sometimes going negates your ability to sue later. So, if they rule in
the company's favor, you're out of luck.
   Whatever happens, I wish you the best of luck. It's a nightmare.


                   Mark Whitney
                   Communications Dept
                   SUNY Morrisville

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