What type of disclosure statement must be used when using an employee in a training video after the employee no longer works for the company?

Asked on July 26, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With respect to your question the disclsoure that needs to be signed by the employee with respect to the training video is one where the employee signs such before the training video is made where he or she relinquishes all rights and use if his or her likeness in the future and such is owned by the employer. I suggest that the employer pay the employee some money for being in the training video.

Additionally, an attorney should draft the release. The release can be drafted after the employee no longer works at the company but that creates an issue of the employee not having much motivation in signing the release.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No disclosure is necessary.  If the employee agreed to be in the training video, then the issue is whether the employee signed off allowing the company to use this training video for business purposes/human resources when it could for however long it wished to do so.  If there is a concern of litigation by this particular employee (employee was fired and is suing for example), then HR may wish to simply recreate this video or re-shoot the affected sections.


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