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View Full Version : Blacklisted, career ruined, defamation, restitution?



need_justice01
01-17-2011, 09:03 PM
Thanks JD and littlelulu for your feedback on this issue. I am reposting to hear other's comments, I need direction on this one. I am depressed, angry, and humiliated. Now living in financial hardship, embarrassment, and hopelessness.


Blacklisting is criminal, and the punishment for their crimes does not match the hardship that is faced by the employee; poverty, homelessness, loss of self, ill health, depression, the impact inflicted on their families, their children that go without, and the list becomes longer.


Evilness should not have the power it does. If goodwill, human-justice, success, was actually achieved this message would be different. I am suffering from PTSD, from working in a brutal, hostile, inhumane, their secretive, red-neck, environment. I am scared as a result of being blacklisted, and legally there is not a damn thing I can do about it. This is the United States of America, freedom, respect, love, WTF!!!


I do want revenge, I think about how I can do to them as they did to me. I would love to send out a anonymous flyer (stating all the true FAQS, about these people, the truth that they hide and the unflattering secrets that I know about them) to all 200+ organizations and associations the evil ones are affiliated with. These evil ones are so fragile, insecure, and need a storage warehouse (vs. a mere closet) to store their skeletons. They are aware that they do. You see this is why they needlessly pick on people that are beneath them that do not flinch, jump, or melt-down after each bully-like behavior. Inside though, I am nervous, scared, ridden with anxiety and worried about where their behaviors may lead.


I believe I have nothing more to lose. I want to let these evil's peers, superior's, and industry professionals to read what their stories are, and then they will clearly see who and why they defame other's, by blacklisting their former employees, when all they want to do is remove themselves from their trashy, red-neck, bullying, low-life, meaningless, degrading, moronic, work environment and support their families- - instead they distort that every human's thinking is as twisted and paranoid as theirs and that the former employee will put their shit in the streets, and everyone will know what low-life, liars, schemers, and losers they are.


I feel as if I am a sitting duck, isolated, and that action is my only solution. I have read these postings, I have researched this topic microscopically, and blacklisting, McCarthy-ism, Hollywood 10, defamation, retaliation, bullying, behaviors are wide spread. These evil people are winning, and there are more of us then them?! I do not like the victim role...it is worse feeling, I do not wear it well. I am angry, and I want restitution.


I was directed to this site, and was hoping I could read something and have 'a moment of clarity' on how to pursue this issue. I have this warrior, crusade, quest, and am hungry for justice. I believe that in the 21st Century we should have been long past this injustice...I GET IT IF I WAS being blacklisted for committing a crime, was unprofessional, was arrested, carried a weapon, went postal, or harassed, threatened, stalked, stole, had a bad temper, was abusive, lied, but I did none of those things! I did nothing to the evil ones.....AND I am blacklisted? I cannot support my family?


I am still young enough to work, I have children to support, I am head of household.


My sister once said to me, when you are 80 years old, and sitting in your rocking chair, and thinking in retrospect about your life, what would you rather see, a unfulfilled life driven by fear, or a full, productive one? I believe I am worthy of the latter.


Why are these evil ones able to sustain their long-term employment ghost payroll, and lie and cheat their way into blacklist the former employees that leave!!!!!


I am beside myself... What would you do? They did not fall for the reference check firms calls. I would rather have justice and be revealed, then living like a scared victim! I would not go postal, that would be an easy out for them. I am thinking along the lines of, humiliating, defaming, exploiting, the truth-it would be true facts, anyone could follow-up on and confirm. I would like to shame, exploit, the evils, in the same fashion as they have others. Since their fragility is serious it would not take much to achieve. They would quit out-of-sheer embarrassment, or be asked to leave their companies, hence, their career in ruins. What is that golden rule, "do unto other's as they have done to you?" or, "What goes around comes around?"


I cannot just lay here and allow them to win. It is too much just to turn the other cheek? Ideas?

ECHOBOI4U
01-17-2011, 09:50 PM
I understand your frustration. After 13+ years in television, I am being blacklisted in the inductry. The good thing is that staying vigilant and refusing to cower under their whims has forced my former HR person out (fired) and allowed for a strong and firm case. I found out today that a friend of mine pushed litigation a week ago and an offer of settlement reached them this week. I am still in the State/EEOC investigation process, but holding my own. Do not stay quiet about this. I have not and they are buckling under the pressure. Keep fighting back and telling them that you will not take any BS from them.

littlelulu
01-18-2011, 12:03 AM
need_justice. ECHO has an EXCELLENT website where he is posting what his former employer has done to him.


And good to see you posting again, ECHO. Did you go to work for USPS (just jumped on your site and saw the article about the post office assault)???

gstandards
01-18-2011, 03:27 AM
ECHOBOI4U


Hi EchoboI4u, can I please visit your website as per littlelulu's response above?


Please advise. Thanks.


Sincerely,


gstandards

gstandards
01-18-2011, 03:40 AM
ECHOBOI4U-


Per your above posting response above, like to learn more about how you go about regarding your battlecry: "Do not stay quiet about this. I have not and they are buckling under the pressure. Keep fighting back and telling them that you will not take any BS from them."


Can't wait to hear back from you or read about your next posting.


Thanks.


Sincerely,


gstandards

ocdgirl2000
01-18-2011, 01:58 PM
Blacklisting is common in all fields of work. It happens everywhere. Many workplaces abuse their workers, and many workers don't open their mouths or say a thing about it, or don't even know where to go. I just directed someone here, from twitter. very sad..

ECHOBOI4U
01-18-2011, 02:24 PM
I am pulling in a part time position now to help. It is fine if people would like to visit my site. My former employer is going to go down in the flames of public justice if they don't buck up and face the music caused by their employees in question. False promises of conducted police reports, blacklisting, lieing to investigators, submitting known falsified evidence (padding and obstruction of justice), requesting me to falsify incident report, personal error reports, downgrading performance scores, asking me to fire people based on age, gender and their lifestyle choices and me refusing to do ANY of this all leading to more adverse employment action, retaliation and wrongful job loss. Accountability AND exposure are the keywords now. We'll see how long these joke lawyers for Echostar hold up to being exposed to the public mainstream even more. I know I am more than good enough for my career and will see it returned or Echostar will compensate me for what they have and are doing.

Justice Delayed & Denied
01-18-2011, 03:10 PM
ECHO, what is the URL of your website? Thanks.

ECHOBOI4U
01-18-2011, 03:23 PM
Just click on my name on the left.

littlelulu
01-18-2011, 09:23 PM
Yes, just click on ECHOBOI4U in red above Member and PM This User. It takes you right to his website.

Justice Delayed & Denied
01-18-2011, 09:27 PM
Oakey dokey, I just did. Mucho gracias.

need_justice01
02-21-2011, 06:55 PM
Anyone? Please share your wisdom, strength and hope.


Questions;


1. Can I sue a former employer that I worked for 15 years ago, or 10 years ago, or 5 years, etc., if the bad reference is current (within the last week- month)? Would my defamation case be stronger especially if I was employed with the party defaming me, lets say, 15 years ago? Or, 5 years ago? Is there a statute of limitations in this scenario?


2. What are the requirements for a solid law suit? What info would I need; verbal statements from any 3rd party? Written "bad" reference? Either? Both?


3. Let's say, these "bad" reference(s) has kept one from working in their specialized field for 3-4 years? And, there is solid evidence of very serious hardship (emotional and financial i.e., bankruptcy, Welfare, health, etc., defamation, that was endured as a result of the "bad" reference?


What would be required to pursue?


I welcome all feedback.

Justice Delayed & Denied
02-21-2011, 09:41 PM
Hi NJ1.


1. The best you can hope for is if you had hired a professional reference checking company who phoned the offending former place of employment and recorded everything false that was said about your character, attitude, performance, perceived disability, etc., and you can prove that the slanderous statements were outside of the employer's 'privileged fair statements' protection. You must then hire a lawyer who specializes in defamation suits to write your former employer a demand letter seeking financial restitution and a public retraction barring which you will sue the britches off of them. I believe the statute of limitation is 2 years from the date of the cause of action.


2. For past "bad" references within 2 years, the prospective employer must be willing to sign a prepared witnessed and notarized Affidavit attesting to the falsehoods that were propagated that made the prospective employer turn down your candidacy for a specified job opening. If they are hesitant to do that, but are willingly to testify, that's good. I doubt a former employer of yours will actually write a bad reference letter to one of your prospective employers, but stupid companies are known to exist!


3. If the substantiated bad reference caused you to lose a job opening for 3 to 4 years and you tried elsewhere and couldn't obtain similar employment, then a trial judge could award you the difference between what that job had paid the past 3 to 4 years minus whatever lessor money you made during the same time period plus damages for defamation of character, pain, suffering and humiliation and perhaps aggravated or punitive damages. Whether you had to declare bankruptcy and went on welfare would be taken into consideration, i.e. "sympathy of the court".

littlelulu
02-22-2011, 02:08 AM
Since the defamation of character is recent, then yes you can sue. And the referencing companies that JD was talking aobut is a great way to go. Also, if you know anyone that owns a business that could also call and do a reference check for you would also be good. The more evidence you have, the better for your case.

Justice Delayed & Denied
02-22-2011, 08:12 AM
Allow me to qualify the following:


3. If the substantiated bad reference caused you to lose a job opening for 3 to 4 years and you tried elsewhere and couldn't obtain similar employment, then a trial judge could award you the difference between what that job had paid the past 3 to 4 years minus whatever lessor money you made during the same time period plus damages for defamation of character, pain, suffering and humiliation and perhaps aggravated or punitive damages. Whether you had to declare bankruptcy and went on welfare would be taken into consideration, i.e. "sympathy of the court".


Alabama (AL) – Libel or slander: 2 years

Alaska (AK) – Libel or slander: 2 years

Arizona (AZ) – Libel or slander: 2 years

Arkansas (AR) – Libel: 3 years / Slander: 1 year

California (CA) – Libel or slander: 1 year

Colorado (CO) – Libel or slander: 1 year

Connecticut (CT) – Libel or slander: 2 years

Delaware (DE) – Libel or slander: 2 years

Florida (FL) – Libel or slander: 2 years

Georgia (GA) – Libel or slander: 1 year

Hawaii (HI) – Libel or slander: 2 years

Idaho (ID) – Libel or slander: 2 years

Illinois (IL) – Libel or slander: 1 year

Indiana (IN) – Libel or slander: 2 years

Iowa (IA) – Libel or slander: 2 years

Kansas (KS) – Libel or slander: 1 year

Kentucky (KY) – Libel or slander: 1 year

Louisiana (LA) – Libel or slander: 1 year

Maine (ME) – Libel or slander: 2 years

Maryland (MD) – Libel or slander: 1 year

Massachusetts (MA) – Libel or slander: 3 years

Michigan (MI) – Libel or slander: 1 year

Minnesota (MN) – Libel or slander: 2 years

Mississippi (MS) –Libel or slander: 1 year

Missouri (MO) – Libel or slander: 2 years

Montana (MT) – Libel or slander: 2 years

Nebraska (NB) – Libel or slander: 1 year

Nevada (NV) – Libel or slander: 2 years

New Hampshire (NH) – Libel or slander: 3 years

New Jersey (NJ) – Libel or slander: 1 year

New Mexico (NM) – Libel or slander: 3 years

New York (NY) – Libel or slander: 1 year

North Carolina (NC) – Libel or slander: 1 year

North Dakota (ND) – Libel or slander: 2 years

Ohio (OH) – Libel or slander: 1 year

Oklahoma (OK) – Libel or slander: 1 year

Oregon (OR) – Libel or slander: 2 years

Pennsylvania (PA) – Libel or slander: 1 year

Rhode Island (RI) – Libel or slander: 1 year

South Carolina (SC) – Libel or slander: 2 years

South Dakota (SD) – Libel or slander: 2 years

Tennessee (TN) – Libel: 1 year / Slander: 6 months

Texas (TX) – Libel or slander: 1 year

Utah (UT) – Libel or slander: 1 year

Vermont (VT) – Libel or slander: 3 years

Virginia (VA) – Libel or slander: 2 years

Washington (WA) – Libel or slander: 2 years

Washington, D.C. (DC) – Libel or slander: 1 year

West Virginia (WV) – Libel or slander: 2 years

Wisconsin (WI) – Libel or slander: 2 years

Wyoming (WY) – Libel or slander: 1 year


When The Meter Starts Running


The statute of limitations clock starts ticking at the time the injury occurred, regardless of the claims you make, whether that is financial harms or emotional distress (the two most consistently successful claims when suing for defamation), or something else. In most situations the cause for legal action has "accrued" on the actual date of the libel or slander, just as a for a burglary, the meter starts ticking the actual day of the burglary.


Unless...


Delaying the Date of Accrual


If the date of "discovery" (not to be confused with the legal process of discovery, which means squeezing information out of the other team) comes after the act, then you may be able to get the statute of limitations extended.


In this sense "discovery" means when you discovered that defamation had happened, or when it started doing you harm. There is likely to be a good bit of "shoulda-woulda-coulda" when two lawyers get to arguing. With a defective product that usually means the day the defect showed up. But with defamation it may not be as clear – their lawyer shows the slander was quoted in The New York Times; your lawyer shows that you were on a two-year expedition in the Amazon rain forest. Their lawyer shows that you were in New York City for a week during those two years; your lawyer shows that you didn't meet anyone who had read the newspaper story. And so on....


Extending the Statute of Limitations


In civil cases the time limitations for the claim can be "tolled", which is somewhat like a football "time out". If you were hospitalized in a coma for a year, that's a pretty clear-cut cause for tolling the statute. Other reasons might be if you were a minor at the time, or on combat tour. Not being able to afford a lawyer seems like a good reason to have a statute tolled, though we've never seen it used.


Conclusion


It's easy to get the evidence for libel. You buy a back copy of the newspaper, or subpoena the video or audio tape.


If it's slander, get to work soon. Slander is more slippery than libel. People lie, make anonymous false reports to anyone from the police to child protective services or your employer, and change their stories – it can take a good bit of time to collect the evidence. And unlike libel, it's not a great idea to file the lawsuit and have your lawyer start questioning everyone in sight, since that tells everyone you could be serious trouble. You want to start gathering evidence quietly at first, and collect as much as you can before turning on the legal heat.


http://www.dancingwithlawyers.com/freeinfo/defamation-statute-limitations.shtml