Legal Question in Business Law in New York

Dear LawGurus,

I subcontracted writing services for a third-party resume provider (Career Resumes) for 13 years. Throughout our relationship I had my own business and received a 10-99 from Career Resumes, and never had any contract with this company. I now write resumes for clients directly, rather than through third-party providers.

In October 2010 I ended our relationship, advising the company that I will no longer provide services for them. I have sent three email requests to the company asking "Please remove my name, photo and bio from your list of 'staff' on your website." The President of the company responded to my request via email saying "No way in hell am I taking it down. Hire a lawyer."

I would like to be removed from this website because if people are trying to find me to retain my resume writing services, it is likely they will find Career Resumes before they find "Donna Allen." I've started to keep track of our coorespondence and am filing all the discussions. What is my next step? A certified letter? A letter from an attorney?

FYI - I am located in Utah, while Career Resumes is in the state of New York.

Thank you,

Donna Allen, CPRW

Certified Professional Resume Writer


Asked on 7/27/11, 10:38 am

3 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You may hire an attorney in New York or Utah. It seems the company provides services in both New York and Utah and the Utah "long arm jurisdiction" may subject them to answer the summons and complaint in a Utah court of unlimited jurisdiction. There seems to be more to the problem than meets the idea and I strongly suggest you contact a trusted attorney. If the company does not heed to your letter of unauthorized advertising and use of name and reputation, an action should be instituted seeking damages and a permanent injunction.

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Answered on 7/27/11, 11:13 am
Christopher Moye The Law Office of Christopher Moye

I think that your next step is clearly a letter from an attorney. The CEO of the company has taken any other options off of the table. It seems that you will just have to play the ball where it lies.

As Shahriar mentioned above, suing the company in Utah may be more convenient for you and could create an expense for the company that might make the whole thing go away. On a practical note, I would take an honest look at whether Career Resumes use of your likeness would have a practical impact on your business. Sometimes, it just isn't worth pursuing these issues because the cost of suing someone doesn't make sense in light of your risk and exposure.

There is no easy way to resolve this issue and it sounds like the company is going to play hardball. I would advise that you make sure that pursuing legal means won't become an unneeded distraction to your new business. It's always challenging to start a new company and get it established and conflict can derail a concept more rapidly than you would think...

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Answered on 7/27/11, 11:31 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answers. Often times a well-written demand letter by an attorney will solve the problem, and should not be too expensive. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/28/11, 6:47 am


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