Former Employer using my name on marketing emails

[E.J. Clyman]

Minnesota

A former employer has been using my name (as a signature) on marketing emails since my departure. Is this breaking a law or just bad practice on part of the former employer?

 

[eerelations]

Just bad practice.

But I'm curious - did your former employer start doing this after you left? Or was he doing this while you were there and just didn't stop when you left?

 

[adjusterjack]

Minnesota

A former employer has been using my name (as a signature) on marketing emails since my departure. Is this breaking a law or just bad practice on part of the former employer?

What did he say when you asked him to stop?

And if you haven't asked him to stop, why the heck not?

For all you know (and this is distinctly possible) the signature is automatically placed on every email by the computer and he might not even notice it.

Try talking to him.

 

[quincy]

Minnesota

A former employer has been using my name (as a signature) on marketing emails since my departure. Is this breaking a law or just bad practice on part of the former employer?

It could potentially be a publicity rights violation - but more facts would be needed.

Here is a link to Minnesota's Right to Publicity law, Rothman's Roadmap to the Right of Publicity, Loyala Law School (notably minus The Prince Act, which is being rewritten instead of enacted): http://www.rightofpublicityroadmap.com/law/minnesota

 

[E.J. Clyman]

Replies

Thank you for the replies. All is well with my particular instance. I was curious about the general legal implications.

Answers to some questions:
- the practice was in place before I left
- it was an operational oversight, the computer automatically tags the email with a signature
- the employer was contacted and very amicable and agreeable to change the activity

 

[adjusterjack]

Answers to some questions:
- the practice was in place before I left
- it was an operational oversight, the computer automatically tags the email with a signature
- the employer was contacted and very amicable and agreeable to change the activity

Then the discussion is over.

Bye.

 

[quincy]

... the employer was contacted and very amicable and agreeable to change the activity

It is not surprising that the employer was agreeable to the change, especially since it was an oversight on their part and not an intentional misrepresentation. I am happy that all worked out well for you.

Companies can get into legal hot water by using an individual's name in promotional material without authorization from that individual. Depending on facts, it can be seen as trading off someone's fame or reputation for commercial gain. Any statement or implication that a person is currently affiliated with a company when they are not can be legally problematic.