Can an ex-employer still use my name in their advertisements if Iwas terminated 10 months ago?

UPDATED: Jan 12, 2012

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Can an ex-employer still use my name in their advertisements if Iwas terminated 10 months ago?

Asked on January 12, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you had signed something while employed there giving them the right to use your name, then they may use it under the terms and conditions of that document. (For example, if you gave them the right to use your name in perpetuity, they may do so.)

Otherwise, they should not be able to do this without your permission; a person has the right to control the use of his/her name and likeness for marketing or commercial purposes.

There is a slight grey area where they are simply factually stating that you were employeed by them; people are generally allowed to make very narrow, factual assertions like that (which is why an employee may list former employers on his/her resume, or a graphic artist/web design may list clients on his/her website). So if there  is simply a very plain factual assertion that "John/Jane Doe worked here previously," they may be able to do that.

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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