Legal Question in Business Law in California

My position was terminated (I was hired on "at will"), but on their web site, my name and the description of my stellar duties continue to be there for quite a while. I want to know if I can claim my salary for this period, since they profit from my name.

Thank you,

With respect,

Mark A.


Asked on 1/04/10, 1:21 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Everyone has a right to control the commercial exploitation of their name, likeness, etc., but your problem in making a demand on your ex-employer would arise in the area of appropriate relief for what may be unfair use of your name and other information about you. You'd have to show actual harm to yourself, or perhaps actual unfair financial gain to the ex-employer. Salary for that period would not in any way be an appropriate measure of damages. Since I'd figure you'll have a hard time satisfying a judge or jury that you were harmed, or the ex-employer was benefitted, by $X, I doubt making a claim is worth your time and expense. This is kind of a general statement, to be sure, and there could be exceptions where a viable claim for damages could be asserted.

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Answered on 1/09/10, 1:51 pm


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