Q: Should previous employer keep using my personal information?
I was laid off from my job in 2020, and they are still using my personal information name etc to do shipments. Is that identity theft? They shouldn't be using any of my information since they laid me off
A:
No, your former employer should not be using your name after your have left the company. While it is not identity theft, it is unlawful use of your name and likeness. The first step should be to present a writing to the company asking that they cease the practice. If that does not work, locate and consult with an attorney who can prepare a more forceful demand.
Good luck to you.
Brad S Kane and Maya L. Serkova agree with this answer
A: You may have a claim for unauthorized use of your name for commercial purposes under Civil Code 3344. You may be able to recover the greater of $750.00 in statutory damages per use, your damages from the use or your former employer's profits from the use, reasonable attorney's fees and punitive damages. You should speak with a lawyer experienced with Civil Code 3344 claims. Most provide free consultations.
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