What is my recourse if I was fired 3 months ago and my ex-employer yet I’m still listed on the company website as the person in my former position?
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What is my recourse if I was fired 3 months ago and my ex-employer yet I’m still listed on the company website as the person in my former position?
I feel they are using my name to say they can still provide the services that only I can provide. Should I expect compensation? My ex-employer is contesting my unemployment.
Asked on May 19, 2016 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF they have provably (which can, however, be difficult to prove) gotten any business or made any money due to your name being listed on the website, you may be able to sue them for a share of that--but again, you'd need to be able to prove that someone hired them, bought from them, contracted with them, etc. because of your name.
Or if you being on the website causes you a loss--e.g. it results in you not getting unemployment, because it appears you are still employed--you could sue for the money you lose.
You must be able to show some concrete profit by them or loss to you from them using your name, or you will not get compensation for this misappropriation of your name. You can, of course, threaten to sue (you can sue for a court order, for example, requiring them to remove your name, even if you can't prove that you should get compensation) to force them to remove your name.
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