Can I sue a former employer for using my name on mailing ads after Ive been fired?
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Can I sue a former employer for using my name on mailing ads after Ive been fired?
I worked for a auto repair shop for almost 5 years and was fired 5 months ago. I had
a great customer base and I just found out today that the post cards they are
mailing to customers still have my name on them acting like Im the one sending
them and I still work for the company. Is this legal for them to do? Do I have any
legal recourse? Im in the state of Ohio. Thanks.
Asked on February 16, 2019 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, they cannot do this without your consent (either your specific consent to this use, or per some written agreement you'd previously signed which would have given your consent to this sort of use generally): no one may use another person's name or likeness (e.g. photograph) for their commercial or financial benefit without that person's permission. You could sue them for a court order requiring that they stop this and/or for some reasonable (likely small, unless you are famous, even if only locally, and your name, etc. has some demonstrable value) compensation for the unconsented use. A good idea would be to start with a letter to them requesting that they "cease and desist" doing this and letting them know that you will take legal action if necessary (though you prefer to not do so). If the stop, problem solved; if the don't, you can sue.
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