Old 29th August 2012, 23:47   #1
mike-db
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Fuck fuck fuck!

STUPID FUCK!

So, I got a job off island. Away from home, it was great I was finally going out on my own doing what I should...

Fucker didn't pay me for a month, still hasn't... That's fine, cut my losses. Go home manage my collected debt.

I have recently received a phone call from a collection agency, no big deal I've been dealing with them for a while now...

It's for a cell phone I never had, at a total of $1600 and it's earning interest... So I call the mobility provider, turns out the only payment made on that phone was from a credit card that belongs to the company that I worked for that never paid...

Now... I'M FUCKING PISSED! I'll rip this fuck a new asshole! Using my credit for a phone!? I'LL KILL HIM! FUCK YOU <redacted>!

Anyone who might have friends or family living in the Greater Vancouver area, please be sure to let them know that the painting company known as "<redacted>" is run by the dumbest fucking criminal in the world.

G'day!

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Old 30th August 2012, 21:19   #2
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careful there. Perhaps you're right but you certainly wouldn't be the first person to get in trouble for posting something like this publicly.

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Old 30th August 2012, 22:56   #3
mike-db
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Yeah... Guess so... Could easily be brought back to bite my ass huh? I'll hope it doesn't, the internets have it now as far as I know.

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Old 31st August 2012, 05:20   #4
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I'm not knowledgeable about Canadian laws, but this is something that would be relatively easy to handle in small claims court. I'm hoping you have something like that so that you can get your compensation for your work and also money for the cellular phone company. It might be a good idea to ask a moderator to hide the actual person's name and company name so that you don't get sued for defamation. Hopefully the archive crawlers haven't caught this thread yet. Moderators can remove the content on the forums, but third party archives keep the original post if their crawlers get it before the edit.

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Old 7th September 2012, 19:58   #5
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true enough, probably could take it to small claims court, but.... that's always like being the one armed trapeze guy at the circus, i can hardly believe it's legal for the employer to do that anyway, i'd check on filing criminal charges before monetary if i'm honest, he may have done it to evade paying his dues on it, hoping you'd be dumb enough to pay it, that's fraud and also by the sound of it possibly identity theft as well since you never knew it was in your name to begin with.

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Old 7th September 2012, 20:38   #6
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At least check with the RCMP fraud squad what your options are. Quite likely they would lay criminal charges against your former employer and a judge could order restitution right there. Or more likely, the cellphone company would lose it's case against you since you did not have anything to do with it and they know it.
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Old 7th September 2012, 21:53   #7
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In Oregon, the state would pay your wages and they will go after the employer. If you were in the states, someone using your personal information is identity theft and you'd find our legal beagles take that really seriously. I'll bet Canada takes a real dim view of that too.

Quote:
careful there. Perhaps you're right but you certainly wouldn't be the first person to get in trouble for posting something like this publicly.
The truth is an absolute defense against libel. You can say you didn't get paid and name names. You can say the guy used your credit to get a phone if you can prove it.

Chances are you won't get sued even for committing defamation. Awards are generally low. A court case will draw more attention to the defamation. If you lose a defamation suit, people might think you were guilty even if you weren't. You could have lost because of technical problems with the case. No lawyer is probably gonna take your case on contingency. You could end up poorer and with an even more tarnished reputation.
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Old 7th September 2012, 22:40   #8
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^What RoH said is all true, if you're very knowledgeable of the specific laws that apply. Personally, I don't know them extremely well without looking them up, especially for someone in a different jurisdiction than my own, which is why I recommended removing names, just to be safe, just in case, and to avoid excessive headaches having to defend your legal right to post their names. There is a chance based on what RoH said that you could have been ok to leave the information up, but I didn't know enough about it at the time to let it go and didn't want to get you in trouble. I'm sorry if I made a bigger deal of it than what it was.

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Old 7th September 2012, 22:50   #9
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The idea that the truth is an absolute defense against libel is very, very old. Hundreds of years old.

http://en.wikipedia.org/wiki/John_Peter_Zenger

This is the landmark case in 1733 that established that. This is Canadian common law too. Not Australia or NZ.

But you don't need to be wrong to be a defendant. You might consider your exposure.

http://www.universalhub.com/node/23322

This was a recent case regarding Staples, where an uproar was caused by a court allowing a case to continue.... not regarding the truth as an absolute defense.

Finally, a jury did rule against this plaintiff. It looks like a couple US state courts will consider malice as a factor, even if what you say is true. I think it's unlikely a case would go against you if you were being truthful and a plaintiff can't prove undue malice. As far as I know, the extra consideration of motive in a couple states hasn't actually made a difference in real life. If the truth in a couple states isn't an absolute defense, it's still a pretty good defense. If this ever gets to the Supreme Court, I'm betting on a traditional interpretation of common law. A free press relies on it.

Now go get a cop before this asshole takes someone else to the cleaners.
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