Legal Question in Employment Law in California

Re: Employer used my picture for advertising without asking

Maybe, but not a lot of compensation. Civil Code section 3344 prohibits the use of another's name, voice, signature, photograph or likeness for advertising, selling or soliciting purposes. Because you are an employee, however, the employer will argue that your appearance was "incidental" and its failure to obtain your consent was not a "knowing" violation. However, the recovery for violating this Civil Code section would be $750, or your actual damages, plus any profits the employer may have received. Profits generally are available in situations where the name and likeness of a celebrity is used, and increased sales can be directly linked to the celebrity's name or likeness.