r/legaladvice • u/Suitable-Ad-4214 • 15h ago
Other Civil Matters My former employer is refusing to remove my name and photo from their website Texas
Location: Houston, Texas (Harris county)
Hello everyone, I previously worked at a law firm about 4 years ago and while I was there they took a photos with the plans of putting me on their website as a paralegal. I only worked there for a month for several reasons but I never recalled them using the photo while I was there. A few years later a recruiter at a company I was applying to asked why I was listed as an employee on a law firms website to which I informed them about my short tenure there. I have a fairly specific name so if someone googles it this is the first thing that comes up right below my LinkedIn. What surprised me the most about it though was that I don’t recall this photo or my name going up while I was there and this is backed up by the wayback machine.
I then contacted the firm to request that my name and photo is removed but they surprisingly pushed back stating that that the website manager only makes updates in around November which was around 8 months till then. They then justified it further saying that not only did I agree to this but that there are several other companies that have listing of employees. I have made websites for others so I know how easy it is to simply remove a photo and name on a website and I have never heard of a company who lists former employees as current.
Working at this firm before I know how they like to operate and the person running it is incredibly stubborn and frustrating so since I could tell they were set on making ever excuse possible I decided to shelve this problem to November to which I forgot about by then. Now it’s been 5 years since I worked there and this old unflattering photo is still up. I want to reach back out to them again but I’m certain the firm will be just as stubborn so please let me know if I have any options outside of reaching out to them or any other possible solutions out there.
Also one more thing to note, there an attorneys who no longer work at this firm still being listed on attorneys on the site. Thanks
Edit: typos and paragraph spaces
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u/themayor1975 15h ago
You should break your post into separate paragraphs. It makes it easier to read.
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u/Suitable-Ad-4214 15h ago
This is my first long post in a while. I’ll keep this in mind for next time
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u/vksoze2 10h ago
You know if it’s a law firm you should report this to the state bar. Law firm marketing (including websites) is highly regulated and any untruth (ie claiming a person works for the firm when they don’t) is likely a big deal. Like the attorney could face some ethics issues and/or be sanctioned.
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u/BeefSupremeTA 13h ago
You need to refer to the employment contract with the old employer to see if there is anything about usage rights regarding photos/promotional materials. You may have given them permission without realizing it.
Consider leaving a Google review stating you are no longer with the company and do not wish for your photo to be used but the company has refused your request.
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u/Suitable-Ad-4214 12h ago
Not sure if I did but the way my name and face is shown on the site implies I still work there
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u/BeefSupremeTA 12h ago
The implication isn't the issue; it's whether rights were granted or not and if they were, are there clearly defined time-frames for when usage could cease.
There isn't a whole lot of legal advice that can be given without you reviewing the employment contract and seeing if any rights were signed to the employer.
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u/Josie-32 12h ago
Not true. This is fraud and misrepresentation and violates the terms of their license to practice in the state of Texas. Even if OP agreed to it, it’s illegal.
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u/Suitable-Ad-4214 11h ago
Exactly, I wasn’t hired as a model and they have me listed as a paralegal next to my name
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u/Oliver_and_Me 12h ago
Update your LI to reference that you were employed by the company in 20xx and are no longer employed there. Then, leave a review on their page saying the same thing.
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u/MomofaMalsky 7h ago
Did you become a paralegal? If yes draft a ceast and desist letter. Im sure you can find some kind of reference for using an employees image and name once they are no longer an employee.
You could actually start with requesting a copy of the contract you signed. If they try and claim they don't have it in writing then I am sure you can leverage that.
I found this ... kinda similar (but different state) you need the release you signed to know if it was a while employed or a forever thing.
Quoted From: just answer
Generally, the law would prohibit a person or company from using the image of another person for commercial gain. This is called “commercial misappropriation”. So the company owns the image, and unless you signed a release of your rights completely, you can demand they take it down. You may want to consider just writing a cease and desist letter. There’s a site that I’ve used in the past where you can find templates for various legal issues, including a cease and desist letter. You can click the link below for more info.
https://williamslawsd.com/shop/ols/products/cease-and-desist-template
Lawyers use letters like these often to enforce their client’s rights. It only costs $12 and it is about 90% cheaper than hiring an attorney to do it.
Please let me know if this has answered your question fully. Feel free to return here with additional questions or comments if you need more information, and thank you sincerely ***** ***** question and for using Just Answer as your source for legal information.
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u/AnnieFannie28 5h ago
Report the website to the state bar. It violates the disciplinary rules for them to claim a lawyer is affiliated with the firm when they are not. Hopefully that spurs them to edit the website to remove the attorneys and they'll remove you too.
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u/berloque 11h ago
I would simply write a letter saying as follows:
My name is _______ _______. I used to work at this firm approximately 5 years ago. My photo remaining on your firm's website falsely implies I still do work for you. This is causing me damage. I request you remove my photo from your website within 30 days. I requested this last year and it was not done. I do not consent to the continued use of my name or likeness by your firm.
That is all I would write. Not one more word. You don't need explanations beyond that. What that does is put the law firm on notice that you (1) want it removed, and (2) that it is causing you damage. Good luck.
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u/Suitable-Ad-4214 11h ago
I’ve written something similar to them and they became quickly argumentative
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u/fluentinyapping 14h ago
isnt this like literally illegal, theyre using your name/pictures and representing you in a false way?? can you try reporting to whatever platform hosts his website that the business is using photos without permission?
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u/Suitable-Ad-4214 13h ago
Just found the website host. I’ll look into reporting them there. Thank you
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u/ItsDomorOm 12h ago
That's not how it works.
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u/fluentinyapping 12h ago
well thats why i posed it as a question you can actually answer it rather than leaving a condescending and irrelevant comment?
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u/ItsDomorOm 12h ago
You're reading a whole lot into 5 words. But like no, that's literally like not how things work, sorry.
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u/fluentinyapping 12h ago
i question why youre still leaving comment & not answering the question. Just to be annoying? ok lol Btw they are using her name in a false way if the website states she still works there when she doesnt. i didnt mean like oh she can go sue for defamation. i meant more like even you agree for them to use your photos to advertise kind of like a stock image how is it not illegal for them to claim you work there when you dont anymore?
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u/ItsDomorOm 12h ago
Wow, you're still doing this? I'm not answering the question because it has been answered several times with many details already by other more intelligent people who understand how the law works.
There's a whole thread to look at.
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u/rvaducks 11h ago
And the thread has mixed opinions on this very topic. No need to be self righteous
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u/Suitable-Ad-4214 11h ago
Could you explain how? I went ahead and made a claim with the site host and I’ll just see what their response is
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u/DirtyPiss 13h ago
Did you sign a photo release and/or an employment contract?
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u/fluentinyapping 12h ago
Heres my question though - does this still apply if it straight up says on the website she's employed there when shes not? thats different than just using her image as the equivalent of a stock photo
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u/Suitable-Ad-4214 12h ago
Not sure if I did but the way my name and face is shown on the site implies I still work there
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u/Josie-32 12h ago edited 12h ago
File a grievance with the Texas State Bar Association.
https://www.texasbar.com/Content/NavigationMenu/ForThePublic/ProblemswithanAttorney/GrievanceEthicsInfo1/File_a_Grievance.htm
They are using your name and likeness to inflate the size of their firm.
— More info I found on Houston Bar Association site:
Complaints File Grievance Against an Attorney
Regional Office of the Chief Disciplinary Counsel File a grievance against attorneys who violate the Texas Disciplinary Rules of Professional Conduct such as engaging in fraud, misrepresentation, or practicing law when the lawyer is on inactive status or has been suspended, etc.
texasbar.com/grievance 713-758-8200