What to do if I was recently let go from an insurance position I had held for many years but the company insists on still using my picture in advertising?

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What to do if I was recently let go from an insurance position I had held for many years but the company insists on still using my picture in advertising?

I owed the agency for 11 years and sold out to a person with the understanding that I would continue to work there and I did so for approximately 10 months and then was let go. Since then my former employer continues to send out postcards that has my picture on it for advertising purposes. I never signed any type of release or received any compensation. I asked him to stop but it is still continuing. I am now working for another insurance company and I don’t think he should be allowed to do this without my consent or compensating me.

Asked on December 12, 2012 under Employment Labor Law, Virginia

Answers:

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

Answered 8 years ago | Contributor

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

Your damages (monetary compensation you are seeking in your lawsuit for invasion of privacy) would include harm to social or business interests, mental distress, and if applicable, physical illness.  Punitive damages (a substantial amount) may be awarded if a wrongful motive on the part of the defendant is established.


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