The Original Blog of the NISSAN Whistleblower 
C & D

Hello!!!

People knew I had a lot of meat on my BBQ when  I did not  receive  a Cease and Desist.

We’ll actually I did in the "early" days.    Please read below.

Have A Great Day!!

Sharyn Bovat

Love Life~Love People~Love the Planet



Cease and desist

From Wikipedia, the free encyclopeda

A cease and desist (also called C & D) is an order or request to halt an activity, or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.

The term is used in two different contexts. A cease-and-desist order can be issued by a judge or government authority, and has a well-defined legal meaning. In contrast, a cease-and-desist letter can be sent by anyone, although typically they are drafted by a lawyer.

*****************my thought********************

I did get 2 letters from Mr. #@%&$! a “Good Ole Boy”  team member from NISSAN  legal.  My 2nd letter  was sent the end of June. I put my responses on my web site J  One extra letter I received in  person in July from Rob who represented  “good ole boy” legal  he  was waiting for me outside the building in July with his “boys in trucks” & tried to intimidate me with words and an outdate photocopy of a letter from the same lawyer.  During that time TITAN trucks with rutherford plates followed me (too closely) to harass me. A neighbor complained about NISSANs circling the neighborhood.  I then communicated with a Franklin police officer.  It stopped.

VERY IMPORTANT!!! One letter received was after HR leadership knew I was asking questions about the “reduction” of women in management at NISSAN.   

People knew that I worked with high level transferee’s and assumed I was working with Mr. Tavares.  I got a “tip” from a concerned employee that women were systematically being replaced with unqualified friends of those in HR. 

When the sustainability report came out showing that women working in roles in management dropped from 14% to 10%  and women in management increase in numbers  in Japan and France.    The “tip” was  confirmed,  30% decline in women was proof that at NISSAN North America the comment Skirts Don’t Speak was not just words it was Reality.

Having this Web site up for 6 months gives this “skirt” credibility.   WOW!!!!

~Think About This~

NISSAN  is a company with Japanese DNA and that culture traditionally is male dominated.  Ironically it took Tokyo to take action for American women to retain the rights granted in the US constitution.

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Court order

A judge may issue a cease-and-desist order with the intent to halt an illegal activity. This prohibition is sometimes used as the outcome of a trial, in which case it is a permanent injunction against the activity. It can also be used as an emergency measure to prevent possibly irreparable harm, in which case it takes the form of a temporary injunction. An injunction against speech issued before it occurs (e.g. preventing a pending publication) is called prior restraint.

Use by administrative agencies

Many government administrative agencies also have the ability to issue cease-and-desist orders and frequently use them to halt the sale of unregistered or fraudulent securities, to halt banking practices that would possibly be dangerous to institutions and to enforce licensing statutes. These orders usually specify a period of time for the recipient of the order to request a hearing. If a hearing is not requested by the recipient in the given time, the cease-and-desist order becomes final and the agency has the ability to enforce its order in a court of law.

Cease-and-desist letters

A cease-and-desist letter is a letter demanding that the recipient refrain from a certain behavior or face legal action. Some types of behaviors that may prompt such letters include:[citation needed]

In the case of stalking and harassment, the letter usually demands that the recipient cease the threatening behavior or face criminal charges.

In the case of property and boundary disputes, the letter demands that the recipient cease activity that negatively impacts their neighbors. Some examples include holding loud parties late at night, leaving a dog outside to bark all day, cutting down trees that stand on public or jointly owned land, or building a fence that infringes on someone else's property.

In the case of copyright or trademark infringement, libel, and slander, the letter typically threatens a civil lawsuit if the recipient continues the undesired activity. It is similar in form, although not in function, to a demand letter, which alerts the recipient to a pending claim for money damages, usually as a result of a tort or a breach of contract.

In the US, a recipient of a cease-and-desist letter who is placed in a "reasonable apprehension" of litigation may respond through a request for declaratory judgment proceeding in his own jurisdiction.

Criticism

Civil liberties and free speech groups[who?] have criticized cease-and-desist letters, pointing out that the letters may be used by wealthy individuals and organizations to silence opponents who are unable or unwilling to engage in an expensive lawsuit, and thus prefer to comply with a cease-and-desist letter even if it is unjustified.

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