Legal Question in Business Law in California
Phone system
I was laid off in February and the company still uses my voice on all of the answering sytems. Should I be getting paid for this or can I have them remove it.
2 Answers from Attorneys
Re: Phone system
This is an interesting, and surprisingly tough question. There are good arguments on both sides, and I cannot predict who would win if it came to a fight in court.
However, complex theoretical questions -- while fun -- often have simple real world solutions. I would recommend calling them and stating in neutral terms that you would like to have them re-record the answering system messages because you no longer work there.
If this does not work, I would send a letter. If that does not work, have an attorney send a letter. I can do it, but I would charge $100 to draft the letter.
Re: Phone system
I agree with Mr. Telanoff. If you were a famous actor with a readily-recognizable voice, I'd say you has a protectible interest here and that a lawsuit to compel or, in the alternative, for money damages would have a high probability of success. I think a suit from John Doe or an ordinary guy would have substantially less merit, and would not be worth paying an attorney to file and prosecute, partly because the chance of success is not high, and partly because even if you prevailed, your provable damages and hence your award would be nominal (in the $1 area?).
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