Dear Mr. ******
This letter serves as a stern and unequivocal demand for you to immediately cease and desist from making any defamatory statements or engaging in any defamatory conduct directed *********, as well as to respect and adhere to the terms of the Independent Contractor Agreement signed between you and ******
We have become aware that you have recklessly and maliciously made false and damaging statements about the aforementioned parties on various platforms, including but not limited to business forums, social media, websites, and other public outlets. Your actions have caused significant and irreparable harm to their professional and personal reputations, as well as substantial financial damages. As an independent contractor, you willingly entered into a legally binding agreement with ********, which contains explicit confidentiality provisions. By making defamatory statements and disclosing proprietary information, you are in blatant breach of the terms of this agreement.
We hereby demand that you immediately:
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Remove any and all defamatory content that you have published or disseminated, whether online or offline, regarding ******************
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Cease and desist from making any further defamatory statements, whether in writing or verbally, about the aforementioned parties, and refrain from engaging in any conduct that may result in further defamation;
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Provide a written retraction and a sincere apology for the false statements, which must be approved by the affected parties before being published or disseminated publicly;
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Strictly comply with the confidentiality provisions of the Independent Contractor Agreement and refrain from disclosing any proprietary information related to the aforementioned parties.
Be advised that should you fail to comply with these demands within ten (10) business days from the receipt of this certified letter, the affected parties will not hesitate to take all appropriate legal actions against you, including but not limited to filing lawsuits in excess of $1,000,000 for each violation and pursuing these claims to the maximum extent possible in order to recover all damages that have occurred to each of the mentioned parties.
Please be advised that making defamatory statements about someone is a grave matter and may subject you to significant civil liability. Defamation includes any false statement, either written (libel) or spoken (slander), that harms a person's or entity's reputation or causes others to avoid them.
Nothing in this letter shall be construed as a waiver of any rights, claims, or defenses available to the affected parties, all of which are expressly reserved. This letter does not constitute an exhaustive statement of the parties' positions or legal rights and is without prejudice to their legal and equitable rights and remedies. We expect your prompt attention and strict compliance with the terms set forth in this letter. Please confirm in writing by certified mail that you have complied with the demands set forth herein within the specified time frame. Let this letter serve as a stern warning that the affected parties will not tolerate any further defamation or breaches of the Independent Contractor Agreement.
Sincerely,
************
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Reply to Lawyer for a Demand Letter that stated they had FLSA Labor Violations:
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Dear Lawyer,
We have received your letter regarding your client, Mr.*****, and his claims against our company’s. We must categorically reject these claims and express our deep disappointment at the baseless allegations brought forth by your client.
First and foremost, let us clarify that Mr. ********* was an independent contractor, not an employee. He operated under his legally registered business, ******* LLC, and all payments were made to that entity in accordance with our agreement, the only payments made to his outside accounts were due to his company not being able to register to receive payments which forced me to use any means that ****** could use, all of which were at his request. Mr. ******** was fully aware of the terms of our engagement and the financial situation of our start-up company when he joined our team. We have fulfilled all our obligations to Mr. *********, including timely payment for his services. Therefore, we find the claim of outstanding payment to be unfounded and meritless.
We must also address the fact that Mr. ********* actions have caused considerable financial and emotional distress to our company and the individuals involved. We have amassed substantial evidence that demonstrates Mr. ********* has inflicted damages exceeding $500,000 on each party. It is disconcerting that your client would pursue further legal action when he has caused such significant harm to our business and livelihoods.
We want to make it abundantly clear that we will not engage in any negotiations or settlements with Mr. ********. Our stance is unwavering, and we will defend our position with vigor. We have exhausted our patience and tolerance for Mr. ********* antics, and we are prepared to take aggressive legal action to protect our interests.
Our legal team is currently evaluating the possibility of counter-suing Mr. ********* for the damages he has caused, including breach of contract and intentional attempts to harm our business and reputation. Furthermore, we are considering whether there is sufficient basis to press criminal charges against Mr. ******** for his actions. We are confident in our position and will defend ourselves and our company against any unfounded claims. Rest assured that we are more than prepared to use every legal recourse available to ensure that justice is served and our interests are protected. We hope to resolve this matter decisively and expeditiously. We advise you to counsel your client on the gravity of the situation and the potential consequences of pursuing this baseless course of action.
Sincerely,
*******
CEO/ Founder
***********
My Side that left to this:
Some Actions I took:
I got a coworker fired after it was clear I was not going to be paid and got ghosted. The co-worker worked for another company full-time and assisted this company above during work hours. There was talk about making a contract services bill inflated which I informed the company that he worked for full-time and he got fired. This was the right-hand man of my employer.
In my opinion, they are trying to use this as defamation but I have chat evidence about increasing the price of the contract.
DMCA notices: I worked on multiple WordPress Websites. Used my own license from a stock image site to provide images/videos. I Filed DMCA notices to block them. I was not fully compensated for my work for 1.5 months.
Investment Website: Stated that I didn't recommend them for Labor Law Violations. Employee Misclassification and Late Payments. I kept it truthful.
Other minor things.
Lies in Cease and Desist Letter:
He operated under his legally registered business, ******* LLC, and all payments were made to that entity in accordance with our agreement, the only payments made to his outside accounts were due to his company not being able to register to receive payments which forced me to use any means that ****** could use, all of which were at his request. Mr. ******** was fully aware of the terms of our engagement and the financial situation of our start-up company when he joined our team.
I was able to receive my first payment through Crypto. I gave him my personal banking information. I created my LLC AFTER I was employed with them. I thought it would help with payments (Quickbooks) but even after I did all that I wasn't paid on time. Well into November my last month with them.
“We have fulfilled all our obligations to Mr. *********, including timely payment for his services. Therefore, we find the claim of outstanding payment to be unfounded and meritless.”
My contract was to be paid on 1st every month. They DID NOT pay on time. My Sept 1st paycheck was deposited as a Cashier's Check on Oct 21. I resigned Nov 16th… was not paid my final paycheck due Dec 1. So Nov 1st paycheck was not paid (Month of October's work). First two weeks of November were not paid. I was made to believe I was rehired after a call and then my Microsoft Teams account was locked out.
My lawyer has left me. He did the bare minimum and when my demand letter was undeliverable…. I gave him alternate addresses. He did not give me a list of attempts on the alternate addresses and ignored that reasonable request and cause me stress too…
I'm uncollectable. I have no full-time income to support myself. All I wanted was to work hard and finally have a full-time income and be paid on time. I worked weekends and holidays. Definitely 12+ hours a day because I was grateful initially. I was told I'd be paid on a certain date and then some excuse came up or nothing was mentioned.
I'm not going to be bullied into making a public statement apologizing because then I look like a liar which I'm not. I'm never going to work more than 8 hours ever again for a company that consistently had late payments and gave emotional stress. I'm tempted to fully expose everything about this company. The unethical behavior of the wife pretending to be a customer of a competing NFT marketplace to get info on their business processes and technologies used. I feel ashamed for being in that call to mislead a competitor.