If my previous employer is using my photos for advertising without my permission, what type of lawsuit canI file?

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If my previous employer is using my photos for advertising without my permission, what type of lawsuit canI file?

Asked on December 29, 2011 under Employment Labor Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

When you say "my photos", I assume these are pictures of you and not pictures you took of something as part of your job duties when working for the employer.

If these are pictures of you, you could file a lawsuit against the 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 your consent.

Your damages (the amount you are seeking to recover in your lawsuit for invasion of privacy) would be general damages which could include mental distress, physical illness, harm to your business or social interests. These items would depend on your particular situation as to whether or not they are applicable.  For example, physical illness may not be applicable.

In addition to general damages, you could also seek punitive damages.  Punitive damages are a substantial amount when there is wrongful motive on the part of the defendant (your former employer).  Punitive damages are to punish intentional and malicious acts.

You will need to file your lawsuit for invasion of privacy prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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