Legal Question in Civil Rights Law in Oregon

photos on business website

My former employer took pictures of me while working. I Asked that she not put them on her business website. She ignored my request even after I explained to her that I have had a problem with a violent stalker in the past. the website also includes my name. I told her I want it off, so far to no avail. What can I do?


Asked on 2/02/07, 5:13 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: photos on business website

My first thought is to suggest you contact "BOLI" right away, and report the incidednt. In Oregon, BOLI refers to the state's Bureau of Labor and Industries, I believe. I recall their office is in the State Office Building, over on NE 8th & Oregon Street, just a few blocks East of the Convention Center, just across the river from downtown Portland.

Note that I do NOT practice employment law on any regular basis. Therefore, the FIRST THING I'd suggest you do is to contact a reputable lawyer who practices employment law on a regular if not daily basis, and do so BEFORE you make any BOLI report.

I see from your zip code that you're here in Portland. This city is big enough that there are a number of good lawyers who handle nothing but employee claims. Ask around for ones to seek out, or ones to avoid. The state bar maintains a referral list, although there is no assurance of competency, since any lawyer can sign up for it.

The yellow pages can sometimes at least give you some names to call, and the ads can give you somewhat of a feel for the firms or lawyers. But, trust your gut there in your office visit, and don't necessarily hire the first lawyer you talk to, unless you feel really good about your interview. Otherwise, just ask for a copy of the fee agreement to take with you, and don't sign it there. That is, again, unless you have a very good feeling about it, or came to your visit with an excellent, very trusted referral.

Having said that, my prediction is that the lawyer you work with will tell you to go report the matter to BOLI, since they will then investigate the case for you, if it merits it, and they will, if the RESULTS of the investigation so warrant, issue a "right to sue" letter, which of course helps your case, if your goal is to make a claim.

You should still talk to a good lawyer who represents employees first, before you talk to BOLI, so you can have a clearer sense of what will be helpful for BOLI to know, and what might be useless or even what might for some legal reason be inadvisable to discuss.

Another option is that your lawyer may elect to advise you against contacting BOLI yet, and instead the lawyer may wish to contact your employer directly, by letter.

If your goal is merely to stop the employer's behavior, then just a TACTFUL letter from a reputable plaintiff employee's employment lawyer to your boss might do the trick, too, ESPECIALLY if you want to enjoy working there ever again, if you remain working under this boss.

Obviously, every situation is different, and the results will vary widely -- the above are just a handful of possible legal options. A more thorough interview with your lawyer or the firm's staff may well reveal additional facts that you haven't mentioned and may not think is relevant, but which could make all the difference in the world.

So, good luck to you at your job!

Sam

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Answered on 2/03/07, 8:44 am


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