Can I sue a former employer for using my name on mailing ads after Ive been fired?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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