What to do if I run a language school and discovered that one of my part-time employees uses the name of my business to advertise his own competing services?

He teaches French in my school and on his Linkeddin page he puts his name and just underneath it ” French Teacher at …… ( name of my school) .Then he advertises his services ( as a French teacher ). Can I legally prevent an employee from using the name of my school?

Asked on February 15, 2015 under Employment Labor Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue your employee for invasiion of privacy.  One type of invasion of privacy is the appropriation of one's name or likeness for commercial purposes without consent.

Your damages (the amount of compensation you are seeking in your lawsuit for invasion of privacy) would be lost income from your business.  If you have an established business and can show loss of customers/clients/students, this should be included in your damages.  If you have a new business, it may be difficult to prove lost income.


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