any lawyers here?

[Tepop84]

long story short.  i despise the company that i work for and the other day they told us that they were going to take pictures for a brochure. if they want any pictures besides just before and after, i will have to be in the picture.  do they need a release from me to use my picture?  can they fire me if they do and I tell them no? (this is in ny btw)

[MyGodWearsAHoodie]

long story short.  i despise the company that i work for and the other day they told us that they were going to take pictures for a brochure. if they want any pictures besides just before and after, i will have to be in the picture.  do they need a release from me to use my picture?  can they fire me if they do and I tell them no? (this is in ny btw)

Not an atty, but I have some legal knowledge. 

In most states, not sure specifically sure about NY, an employer can fire an employee for any reason or no reason at all.  They just can fire an employee for an illegal reason.  Example of illegal reasons would be pregnancy, race, gender, age and it is the burden of the employee to prove the discharge was illegal, not the employers’ burden to prove it was legal.

Now, it may or may not be legal in NY for a company to require an employee to be photographed for promotional purposes.  If I had to guess I strongly doubt such an employee protection exists and your refusal would be considered insubordination justifying not only being fired but the denial of unemployment insurance benefits.  (that is guess not any sort of legal advice)

But lets assume NY does have some sort of work protection for this (never know what they might have, NY is a liberal state and could have some weird sort of protection).  Than they could’t fire you for this refusal.  However, I am willing to bet dollars to donuts that you have done or will do something that would a be perfectly justifiable reason to fire you and regularly do, as simply having a bad attitude as an employee is in most case more than enough reason to fire someone.  And if you despise your employer I am certain you have do things on occasion that can be viewed as having a bad attitude.  So they could fire you for that reason instead and there is no way you could prove it was for the illegal reason instead. 

My advice (and this is not legal advice but life advice) is do what your employer wants.  Do your best to heal any reason for them not to like you even if you don’t like them, up until you either find another job or hit powerball. 

[Tepop84]

thanks.  i don't plan on working there much longer, so i honestly don't really care if they fire me, i just wanted to know if they could and if i could get them in shit for doing it. also, it is a family business, <15 employees in the whole place. eh i won't get into details

[MyGodWearsAHoodie]

Keep in mind when future employers verify the dates of past employment they ask very few questions.

1) dates of employment.  (those better match or you are viewed as dishonest)

2) voluntary separation or involuntary, if involuntary lay off or for cause.  (if "for cause" that is seen as a huge red flag that you are a horrible employee)

3) eligible for rehire?  (would this company consider rehiring you if you if you reapplied for a job) “No” is considered almost as big red flag as being fired.  This means burning bridges on your way out could have huge consequences for finding future employment.   

[Brian Fein]

As someone who dabbles in photography, it is traditional practice to get a model to sign a photo release to take their picture.  I don't know what that means if you don't, perhaps the subject would then own the copyright to the photo, or you could legally make them cease and desist using your likeness for commercial gain.

I think you have the right to manage your own image and how its used, and that includes a photo release, assuming you are identifiable in the photo (your face is in it).

For example, imagine if your boss took your picture and used it for a poster for gonorrhea, it could be considered slanderous against your character.  I believe, in this situation, you could legally force them to not use your picture if you didn't sign a release PRIOR to the shoot.

In any case, I think you should not let them take your picture anyway, since they suck.

[Denver_Bronco]

Keep in mind when future employers verify the dates of past employment they ask very few questions.

1) dates of employment.  (those better match or you are viewed as dishonest)

2) voluntary separation or involuntary, if involuntary lay off or for cause.  (if "for cause" that is seen as a huge red flag that you are a horrible employee)

3) eligible for rehire?  (would this company consider rehiring you if you if you reapplied for a job) “No” is considered almost as big red flag as being fired.  This means burning bridges on your way out could have huge consequences for finding future employment.   

Hey, why you stepping on my New York Department of Labor knowledge?

[wyvernmcd]

This sound like stuff I had to deal with when I was in retail.

I am not a lawyer, attorney or anything like that but I will say be careful what papers you signed when you started the job. Most (if not all businesses) have you fill out some sort of contract that may have something about using your likeness for advertising purposes to benefit the company (not exact terminology but I think you got it). Usually on day 1 you are not thinking of things like this but if it is in the contract that you filled out when you started then I think they have the legal right to pretty much "use you" but like all the other laws, you can still fight it.

My 2 cents.

[Dave Gray]

^ True, but if it's a small business, I doubt they had that foresight.

[MyGodWearsAHoodie]

This sound like stuff I had to deal with when I was in retail.

I am not a lawyer, attorney or anything like that but I will say be careful what papers you signed when you started the job. Most (if not all businesses) have you fill out some sort of contract that may have something about using your likeness for advertising purposes to benefit the company (not exact terminology but I think you got it). Usually on day 1 you are not thinking of things like this but if it is in the contract that you filled out when you started then I think they have the legal right to pretty much "use you" but like all the other laws, you can still fight it.

My 2 cents.

But why fight over this crap?  Unless Tepop hits the lottery or is at retirement age he will have future job interviews, last thing he needs is for a former employer to tell a future potenial employer is they would never hire him again.

[Lee]

Could you elaborate a little more?  What does "besides just before and after" mean?

[wyvernmcd]

But why fight over this crap?  Unless Tepop hits the lottery or is at retirement age he will have future job interviews, last thing he needs is for a former employer to tell a future potenial employer is they would never hire him again.

I was just stating that he could fight it, not saying whether it would look good or bad to a previous employer.

I didn't say that he should and I agree that actually fighting this would look bad if the former employer brings this up in a background check.

[CF DolFan]

^ True, but if it's a small business, I doubt they had that foresight.

It's included in almost all youth sporting organizations. It is really is prettty common comsidering the legal ramafications of not getting it.

[Gabriel]

Your consent would be assumed by your participation in the photo. And, yes, I think they could let you go for not wanting to participate in promoting the company.