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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101551
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi Ely, I stopped working for a large international insurance

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Hi Ely,

I stopped working for a large international insurance company in March of this year. A week ago, my former employer blanket emailed all of my customers with letter that looked like it was written by me in an attempt to solicit business (multimillion dollar accounts)...they even used a picture of me. The letter was personally addressed to each recipient and signed by me. I didn't write the letter, I never gave them a release to use my image. The letter suggested that they contact a current employee of the company. Can you give me an opinion of this matter with regards XXXXX XXXXX luck in suing them along with an idea of how dollar amounts are determined with regards XXXXX XXXXX?
Hello friend and thank you for requesting me.

Can you please tell me what state the employer is in (headquartered and if they do business in your state), and what state you are in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

North American headquarters are in Illinois, I live in Illinois, company headquarters Zurich, Switzerland.

Thank you, friend.

Okay, then Illinois has proper jurisdiction under IL 5/2-209.

Can you give me an opinion of this matter with regards XXXXX XXXXX luck in suing them along with an idea of how dollar amounts are determined with regards XXXXX XXXXX?

I can give you an informal opinion about suit - yes. Money damages - hard to say.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Here, they can possible be held liable of the following causes of action: interference with contractual relations and invasion of privacy.

The elements of the tort of interference with contractual relations are set out in Zamouski v. Gerrard (1971), 1 Ill. App.3d 890, 275 N.E.2d 429. These include: (1) the existence of a valid and enforceable contract between the plaintiff and another; (2) the defendant's awareness of this contractual relation; (3) the defendant's intentional and unjustified inducement of a breach of the contract; (4) a subsequent breach by the other, caused by the defendant's wrongful conduct; and (5) damages.

Invasion of privacy includes misappropriation, which is someone using your likeness without your permission.

To get damages, you would have to show if/how you lost business, but the bulk of your damages may be in the form of PUNITIVE damages, which depends solely on the Judge or Jury trying your case - see here (typical jury decision chart for this).

An attorney is recommended. May I recommend the Illinois Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

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