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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I left my former employer 3 months ago. Currently, they

Customer Question

I left my former employer 3 months ago. Currently, they continue to list me on their website, as one of their managers, and are using my image as well, without permission or compensation. Do I have recourse to: ***** ***** to quit listing me, and get compensation for those three months, as their website is a form of advertising and they use it to make money?
Thank you, ***** ***** is most appreciated.
Submitted: 4 months ago.
Category: Legal
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Yes, you can write to the former employer and make a demand to remove your photo/name/likeness from their website and promotional materials (send a letter demanding removal within a reasonable time - for example 15 days of the date of your letter).

The claim you have is what is called "The right of personality" which entitles you to protect your likeness (image/name/etc.) as used for commercial purposes.

Regarding compensation for the past 3 months, I doubt that this is going to happen. You can try filing suit if you like (as I noted, the cause of action is above), but in order to prevail you are going to have to show that any sales were made due to your image being posted and not to any other reason (I assume that the business has other marketing tools/reputation/products beside your image), and unless you are a very famous person these claims are not terribly successful (so you can spend a lot of money litigating the matter, but the odds of recovery are pretty small). But again, if you wish to pursue it, the cause of action is there.