[Preface: I am sharing an event I am experiencing as an example for why we have laws and rights and why it’s important to not simply surrender them in the face of intimidation. The following post (and I need to make this so clear even a Philadelphia lawyer won’t fail to discern it) IS MY PERSONAL OPINION AND OBSERVATIONS OF EVENTS MIXED WITH FACTUAL EVIDENCE SUPPORTING THOSE OPINIONS THAT HAVE AFFECTED ME AND MY FAMILY.]
Dear Mr. Sualp:
I am in receipt of your lawyer’s, Stephen Goldblum, emails from both 9/24 and 9/25 of this year regarding exceptions you took with portions of a post on this blog dated June 10, 2013 wherein I related my company’s experience doing business with you and your firm, AEFIS, Inc early last year (2013). I note, with much amusement, your demand that I provide you written acknowledgement that I have removed said post by September 30, 2014 or that I will be in peril of “institution” (fancy word, that) of a suit against me. As you may or may not have noted, the post remains unchanged. I assure you, I did the presumably anticipated quaking in my proverbial boots at his threat of filing suit and seeking fees and expenses “pursuant to Section 9(d) of the Independent Contractor Agreement” which, incidental to Mr. Goldblum’s surely rapier-like attention to legal detail, is the section concerning Notice…as opposed to what I presume he meant to be Section 9(e), the Attorney’s Fees part of the contract. I will thank your lawyer though for bringing up a salient point which I’ll remind you of here shortly.
Anyway, my post remains where it is. It is my opinion and clearly does not come even remotely close to a disclosure of confidential information (do you or he even read these contracts?). I will thank you for the momentary smile I enjoyed at the ludicrous stupidity of such a claim, though. But hey, let’s break this letter for a moment and let everyone see what I’m talking about.
So, Mustafa, I did, tragically, miss that September 30 deadline. Before you and your learned legal counsel get all lawsuit-y, I want to say this one thing: PLEASE, do me the favor of suing me for all the things your letter threatens. I want you to man up and actually follow through on your assertions because, in front of a judge in a court of law, we both know which of us will actually bring evidence of their claims and which will not. We both know I have a transcript of our entire Skype chat history, and amongst other damning FACTS (because, hey, to a judge this kind of shit will actually matter) the email from your “operations coordinator” explicitly acknowledging that I had indeed worked in excess of 40 hours (46 to be precise) and to not perform further work until requested (hours for which I was never paid). Oh look, here that email is now:
Anyhow, I have to make one correction to our ongoing conversation because I believe, and pretty much any and every court in this country will agree, facts and accuracy matter. I had originally advised your counsel that my claim for unpaid wages (the 4/24/13 email I and he refer to in “fuck you Exhibit 2″) was $2675. I regret to admit that amount is in error and we both have your esteemed Counselor Goldblum and his manifest inability to correctly identify pertinent sections of a binding contract to thank for prompting me to greater accuracy. I was so moved by his adroitly applied legal blustering that I went and checked Section 9(d) of our contract. Guess what I found? Oh, fuck you, let’s not guess:
Would you believe it? You and AEFIS never did “deliver by hand or mailed by certified or registered mail” your notice of terminating our contract? Did you send an email to that effect? NO! You didn’t! But your fucking “attention to detail” lawyer did!
Guess what that means, Mustafa: the contract is, legally, still in force. So, with that in mind, remember the part where I admitted that the amount of my claim for unpaid wages is incorrect (I hope so because it was just up the page here). Well, if you remember that then I’m sure you’ll remember our negotiations wherein I accepted your lower than normal rate of pay for a guarantee of a minimum of billable hours per week (to make working for you actually worthwhile because I was assuming you’d be a man of your word and honor your contractual agreements) which was enshrined in the addendum to the contract (which Mr. Goldblum helpfully supplied me in this recent resumption of our communications):
Oh hell. Does that say a minimum of 20 hours per week at the stupidly low but still mutually agreed to rate of $50 per hour? Well, let’s see now…time for some math! So, if I’m generous and use April 30, 2013 as a start point that works out to…lessee here…oh, my…that’s exactly 80 weeks today. Hm. 80 weeks. So, at 80 weeks times 20 hours minimum per week times $50 per hour PLUS the back wages you owe me of $2675 the total amount you owe (as of today anyway) comes to:
And let’s be clear for a moment: your smartmouth lawyer suggested I could bring this situation up when “when we sue you for defamation…if the defamatory post is not removed and you fail to provide written confirmation to this effect by September 30″. Let’s forget for a moment that such a suit would be frivolous because the statute of limitations of your claim has clearly and unambiguously elapsed. Let’s say I don’t immediately assert that slam dunk defense and let’s say the judge sees some kind of merit in equating what were clearly expressed personal opinions to defamation (which he/she won’t but hey, we’re playing fantasyland here). Guess what: we won’t be trying such a claim in Philadelphia. We’ll be trying it in Georgia. The doctrine of personal jurisdiction is actually a thing (ya’ll might want to look that up) and should you bring your frivolous lawsuit for defamation in any place other than a court that has jurisdiction over my location, it’ll get tossed out.
So, in the event you were hoping your empty, specious threats of legal action against me for discussing my experiences and reactions to your theft of my services and nonpayment of my entirely valid claims would work…they didn’t and don’t and fuck you for thinking they would.
Mustafa Sualp, if you don’t want to see your name or AEFIS’ name come up in a vanity search for the same and discover things like this, there is a much easier way to ensure that this doesn’t happen: honor your agreements, abide by your contracts, and act with a veneer of at least some pretended decency. The money you failed to pay me for services I rendered is the same money I use to pay my bills and feed my children. If you think for a single moment that your lawyer and your ridiculous threats relayed through him mean anything in the face of the ABSOLUTE FUCKING TRUTH then you need to attempt to associate with people possessed of dignity, integrity and honesty because this isn’t how you deal with us effectively. A lawyer friend of mine whose counsel I value once told me of the legal maxim “the truth is an absolute defense”. The post of June 10 was such a truth mixed with my First Amendment right to express my opinion and this post if more of that.
You have three options as I see it (this would be an example of an opinion about to be expressed):
- Pay me what I am owed and, as I generously offered in my 9/25/14 email to your mouthpiece, I’ll remove the offending portion of the June 10, 2013 post as a kindness. NOT in consideration of your payment…but because you eventually decided to act honorably and decently and I’d consider myself to be mean and vindictive to continue to display my opinions of a complaint amicably (if ridiculously tardily) resolved.
- Stop with your fucking threats and sue me for either breach of contract or defamation. Bring your “evidence” and I’ll bring mine and we’ll ask a judge to decide. You know how that will work out and I will, of course, also tack on a claim for legal fees and costs I incur for even addressing your outrageous assertions.
- Shut the fuck up and put up with this post and the previous one and take it as a lesson for what could happen when someone thinks you’ve defrauded them for services rendered. I essentially wrote off what you owed me long ago…but fuck you if you think I haven’t purchased the right to complain about it. I have. You want to buy that right from me? Contact me and I’ll be happy to discuss a mutually beneficial agreement.
Either way, take your own insipid advice and don’t underestimate MY fucking resolve. I am the wronged party here and I do not bend knee to idle threats or compromise my personal integrity or principles.
Oh, and by the way, per the combination of the contract addendum and Section 9(d)…the meter’s still running, asshole.
My name is Euroranger and I approved this message.