Legal Question in Employment Law in California
Video taped under false pretenses
My company asked me if I would be willing to be on a video explaning what our company is about and what I did for our company. They told me it was to drum up sales so we could get more business. I agreed. I found out today (about a year later) that the tape was used to sell the company and I was the main selling point. The new owners told me this. They thought I knew. I did not. I found out the company had been sold 1 hour before the new owners came in. Do I have any rights here?
3 Answers from Attorneys
Re: Video taped under false pretenses
Practically speaking, count your blessings that you still have a job. If you make a fuss about it, you might not be considered the kind of employee they want. If you made the video on company time, it is the company's property to do with as it wished.
Re: Video taped under false pretenses
There is actually a civil code provision that prohibits a company from profiting from an employee's name or likeness without their consent.
I used to work for an employee-rights law firm in California that has extensive experience with this type of claim.
If you like, please e-mail me and I can give you a referral to that firm.
Re: Video taped under false pretenses
There are tort claims which may exist for the misuse of your name/identity as well for misleading you. However, it appears that you would be asking more questions about who do you sue, what are your damages and what harm may come to you rather than were you wronged, lied to or have a case. I do not disagree that you should feel violated, but there are questions about proceeding.
Should you wish to discuss this further, please feel free to contact me.
Sincerely, Beth Mora
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