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Using my likeness after being fired

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waggs12

New member
In August of 2017 on my 5 year anniversary of working at my old job, my boss (we are chiropractors) and his wife (the office manager) asked me to buy their practice. They wanted $650,000 for just the practice and equipment, but they were not selling the building just yet. I asked multiple times to see the financial reports for the last 24 months (as I would assume anyone would) but he told me I would not get to see them, and I needed to trust him. He told me that even though things had gotten slower over the last year and a half, the business was fine. I told him I wasn't comfortable buying the practice under those circumstances, but I was excited to continue working there. He then fired me and told me I had no future there anymore. I quietly walked away and moved 5 hours away outside of the "no compete" area, sold my house, uprooted my family, etc... It has been extremely difficult to say the least.

My issue is that my face and name is still on their sign by the road outside of their office building. I no longer work in the area, but I had a very strong patient base and many people continue to go there looking for my services because of my reputation, and for the fact that they still see my likeness on the sign. For the first 3 months after my firing, my former boss told the staff to tell everyone that I was on a personal sabbatical and they weren't sure when I was coming back. Then, when people started realizing the truth, my former boss told everyone that he didn't fire me, but that I quit.

It has now been 9 months and my likeness is still on their sign. I have chosen not to speak to them, except for when they refused to give me my W-2 from last year for nearly 2 months. I have friends/former patients who have told them multiple times to take my face/name off their sign, but it still remains. Is there any legal precedent about continuing to use my likeness this long after my employment has ended? I feel that they told people I was on a sabbatical only because they wanted people to still come in and see my former employer until I got back, and when the patients finally realized I wasn't coming back, they would just stick with him because they were used to him, and that's why they haven't changed the sign yet. Is there anything I can do?

Thank you for your help!
 


Ohiogal

Queen Bee
Why haven't you asked them to remove your likeness? It is YOUR likeness. You need to be the one to request it.
 

quincy

Senior Member
In August of 2017 on my 5 year anniversary of working at my old job, my boss (we are chiropractors) and his wife (the office manager) asked me to buy their practice. They wanted $650,000 for just the practice and equipment, but they were not selling the building just yet. I asked multiple times to see the financial reports for the last 24 months (as I would assume anyone would) but he told me I would not get to see them, and I needed to trust him. He told me that even though things had gotten slower over the last year and a half, the business was fine. I told him I wasn't comfortable buying the practice under those circumstances, but I was excited to continue working there. He then fired me and told me I had no future there anymore. I quietly walked away and moved 5 hours away outside of the "no compete" area, sold my house, uprooted my family, etc... It has been extremely difficult to say the least.

My issue is that my face and name is still on their sign by the road outside of their office building. I no longer work in the area, but I had a very strong patient base and many people continue to go there looking for my services because of my reputation, and for the fact that they still see my likeness on the sign. For the first 3 months after my firing, my former boss told the staff to tell everyone that I was on a personal sabbatical and they weren't sure when I was coming back. Then, when people started realizing the truth, my former boss told everyone that he didn't fire me, but that I quit.

It has now been 9 months and my likeness is still on their sign. I have chosen not to speak to them, except for when they refused to give me my W-2 from last year for nearly 2 months. I have friends/former patients who have told them multiple times to take my face/name off their sign, but it still remains. Is there any legal precedent about continuing to use my likeness this long after my employment has ended? I feel that they told people I was on a sabbatical only because they wanted people to still come in and see my former employer until I got back, and when the patients finally realized I wasn't coming back, they would just stick with him because they were used to him, and that's why they haven't changed the sign yet. Is there anything I can do?

Thank you for your help!
You have the right to control how your name and/or image are used commercially.

To use your name/image without your consent violates your right of publicity. The sign could also be viewed as false advertising.

You can consult with an attorney in your area, who can help you draft a letter to your former employer advising him/her that their continued use of your name and image on their sign violates your rights and they should remove the sign immediately or legal action will be considered.
 

waggs12

New member
Why haven't you asked them to remove your likeness? It is YOUR likeness. You need to be the one to request it.
She (the office manager/owner) has already said that the sign would be changed within the week, and that was nearly 2 months ago. The lies that have been told to my wife and I and also patients (I have texts and emails to prove it) show that simply asking does not get anything accomplished. She admitted to my wife's face that they weren't going to stop lying to patients about why I wasn't there. They were going to continue lying to them to save face. That's why I decided to no longer contact them. After 9 months, though, I'm now wondering if the only solution is legal action.
 

waggs12

New member
You have the right to control how your name and/or image are used commercially.

To use your name/image without your consent violates your right of publicity. The sign could also be viewed as false advertising.

You can consult with an attorney in your area, who can help you draft a letter to your former employer advising him/her that their continued use of your name and image on their sign violates your rights and they should remove the sign immediately or legal action will be considered.
Thank you for the advice. I usually don't like rocking the boat, but after seeing these people get away with many things during my employment there and now after my employment, I can't stand idly by and let things happen. I will reach out to an attorney. Thanks again.
 

Zigner

Senior Member, Non-Attorney
Ask an attorney to write a cease & desist letter. It might be a better way to show you are serious.
 

quincy

Senior Member
Thank you for the advice. I usually don't like rocking the boat, but after seeing these people get away with many things during my employment there and now after my employment, I can't stand idly by and let things happen. I will reach out to an attorney. Thanks again.
I think reaching out to an attorney in your area is smart. Your name and image have value.

Good luck.
 

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