I am a realtor, my previous broker terminated me as soon as my last closing occurred but notified my husband via

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Customer: I am a realtor, my previous broker terminated me as soon as my last closing occurred but notified my husband via Facebook before I was even notified. She then held my commision for 2 weeks and continues to slander me. What can I do
JA: Is this regarding an at-will position or was there a contract of some kind?
Customer: I was a contracted 1099
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: private. We are all subcontractors and a real estate agent
JA: Where are you located? Workplace termination laws vary by state.
Customer: montana
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by AttorneyExpert in 1 min 5 months ago
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AttorneyExpert, Expert

Hello, I am Zachary and I will be your personal expert assisting you with your legal query today.

I am a licensed attorney to practice law and I have many years of experience in this field.

Thank you for choosing Just Answer with your query.

I will respond again in a few moments with my full answer to your question.

Feel free to ask me any follow-ups, I am here to help you as much as I can.

——

So as to help you understand the kind of service that I am able to provide on JustAnswer, please note the following:

1- We lawyers are allowed to provide general information only, such as providing descriptions of general principles of law, and shall not provide legal advice.

2- I am not permitted to apply my legal knowledge or skills to resolve or advise your specific factual circumstances described in the question, such as proposing a specific course of action.

What exactly is your previous broker saying about you?

Customer
She has been regularly contacting my husband via Facebook telling him that this wasn't personal just a business issue then was contacting my clients telling them how I messed up their transactions and how she was trying to save them basically which all of my clients told her that she was full of it and they have been made extremely aware of every single conversation or documentation pertaining to their transactions as well as contacting other agents about me no longer working for united country
Customer
I have received letters that her attorney wrote to a couple of my clients pertaining to their transactions once against misconstruing the circumstances around their transactions and sending copies of these letters to title company's as well
Customer
She also called realtor.con and Zillow telling them that I was no longer an active agent AFTER I already switched to a new brokerage making them cancel my lead contract with them
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AttorneyExpert, Expert

Thank you very much for describing your situation in detail.

So she was trying to sabotage your career, correct?

Customer
One of the letters also states that I never changed the brokerage info on a buy sell prior to my client requesting to terminate due to them not being able to finance though in montana we cannot switch the brokerage it still has to close under the starting brokerage but me as the agent would just work the deal
Customer
that's exactly what she is doing
Customer
has continued. This started November 2nd
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AttorneyExpert, Expert

I am really sorry to hear that.

So have you suffered financial damages because of her?

Customer
Hi
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AttorneyExpert, Expert

I see. How much is it at a rough estimate?

Customer
far at least 5 grand just in the price adjustment for my contract w realtor.com and Zillow as well as time away from work due to dealing with her
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AttorneyExpert, Expert

Thank you. I am working on my response and will soon get back to you.

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AttorneyExpert, Expert

Thank you very much for being patient with me.

What you have described to me is considered defamation of character in legal terms.

To sue for defamation of character, you need to know the elements of a defamation lawsuit and how to file the lawsuit if you have a viable case. To prove defamation, you have to show that someone made a false statement about you, and the statement was injurious and published.

As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you're claiming. What you have described is considered defamation. Defamation is a false statement presented as a fact that causes injury or damage to the character of the person. This can be an example: "Smith stole money from his boss.” If this is not true and if making the statement damages Smith's reputation or ability to work, it is defamation.

In case this goes to court, you may sue in small claims court if the amount is under 10k. For the most part, there is actually no minimum you can sue someone for. The limit for the 50 states is usually up to 10,000. Only a handful of states allow for more than that.

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AttorneyExpert, Expert

Thanks again for using Just Answer and allowing me to help you.

I am just checking to see if you fully understand my answer and ensure that I have provided the service you are looking for and that my is complete and helpful.

Please follow-up with anything you like and if any part of my answer does not make sense to you, I will be here to assist you.

Customer
my only other question is when she informed my husband of my termination before me via Facebook. Is that legal? Or what would it be considered. As well as her constant trying to contact him as well He has not responded once but she continues
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AttorneyExpert, Expert

Unfortunately, it is just unethical, but not illegal

Customer
I have read over our ethics as realtors and I cannot find anywhere that it would apply in our realtor ethics
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AttorneyExpert, Expert

How many times has she contacted him?

Customer
9
Customer
Since November
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AttorneyExpert, Expert

Thank you for clarifying.

Did he reply to her and did she harass him in any way?

Customer
Just continuing to contact him without any response
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AttorneyExpert, Expert

Has he tried blocking her?

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AttorneyExpert, Expert

I wish you all the best

Please use this window to follow up with me if you have further questions on this matter.

Regards,

Zachary.

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