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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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