Can I sue for being falsely represented/quoted on Board Meeting Records?
There are records proving that my former employer falsely made me part of a Board of Directors and falsely quoted me on multiple Board Meeting Records without my knowledge. My former employer made it appear that I was present at these meetings and made comments/decisions on various issues; which is totally false. This employer is currently under investigation for more serious charges and my belief is the false quotes were made for monetary gain. What action can I take?
2 answers | asked Jul 16, 2011 01:13 AM [EST] | applies to Pennsylvania
Answers (2)
In Pennsylvania, publication of derogatory statements to a third party is essential to a claim for defamation. Information disseminated within an organization may not fulfill the publication requirement.
You raise possible issues besides defamation. The board members and officers have a fiduciary duty to the organization. What is the nature of the investigation? Will you be a likely witness in the course of an investigation?
How are you currently harmed? What is the potential for harm to you?
I urge you to seek counsel to discuss the factual details to try to avert harm to you.
Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115
posted by Doris Dabrowski | Jul 18, 2011 1:29 PM [EST]
You raise possible issues besides defamation. The board members and officers have a fiduciary duty to the organization. What is the nature of the investigation? Will you be a likely witness in the course of an investigation?
How are you currently harmed? What is the potential for harm to you?
I urge you to seek counsel to discuss the factual details to try to avert harm to you.
Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115
posted by Doris Dabrowski | Jul 18, 2011 1:29 PM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, your first priority should be to ensure that you can prove that you were not part of the Board. If you know the dates and times of the alleged meetings, you should gather evidence to show that you were not there; i.e. receipts, witnesses, etc. You should also send a letter to your former employer, FedEx or by some other form of delivery that generates a receipt, in which you unequivocally state that you were never a member of the Board, never attended any meetings or participated in any decisions of the Board, and that you demand that the minutes and records of the company be immediately amended to remove such representations.
If you believe that the investigation is focusing on acts or decisions that you allegedly participated in, it may be wise to have a lawyer contact the authorities to set the record straight. I would not advise doing this by yourself, however.
If the falsified documents or allegations become public, you may have a claim for defamation, if the acts ascribed to you would lead others to believe that you had engaged in illegal or unethical business conduct.
If you feel that there is a very significant liability immediately hanging over your head, you might be able to bring and action for declaratory judgment; this action is a request that the court make a legal ruling with regard to your rights and liabilities under a contract. If you had a written contract with the employer, you may be able to file such a claim to have the court declare that your contract did not make you a Board member. This would be an unusual use of the process, however, and likely would not be available if you were an employee at will with no written contract.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jul 16, 2011 05:47 AM [EST]
That being said, your first priority should be to ensure that you can prove that you were not part of the Board. If you know the dates and times of the alleged meetings, you should gather evidence to show that you were not there; i.e. receipts, witnesses, etc. You should also send a letter to your former employer, FedEx or by some other form of delivery that generates a receipt, in which you unequivocally state that you were never a member of the Board, never attended any meetings or participated in any decisions of the Board, and that you demand that the minutes and records of the company be immediately amended to remove such representations.
If you believe that the investigation is focusing on acts or decisions that you allegedly participated in, it may be wise to have a lawyer contact the authorities to set the record straight. I would not advise doing this by yourself, however.
If the falsified documents or allegations become public, you may have a claim for defamation, if the acts ascribed to you would lead others to believe that you had engaged in illegal or unethical business conduct.
If you feel that there is a very significant liability immediately hanging over your head, you might be able to bring and action for declaratory judgment; this action is a request that the court make a legal ruling with regard to your rights and liabilities under a contract. If you had a written contract with the employer, you may be able to file such a claim to have the court declare that your contract did not make you a Board member. This would be an unusual use of the process, however, and likely would not be available if you were an employee at will with no written contract.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jul 16, 2011 05:47 AM [EST]
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