Your Rights to Your Image in the Workplace

We frequently hear from former employees who are surprised to find their faces still gracing the website or Instagram feed of a company they left months ago. This is especially common in "visual" industries like entertainment services where your work - and your look - are part of the brand.

But just because you were on the payroll when the photo was taken doesn’t mean your employer has a permanent, unrestricted right to use your likeness for profit. Here is a breakdown of your rights under Pennsylvania and federal law.

1. Does your employer have the right to use your photo?

In Pennsylvania, the answer usually depends on consent.

The Right of Publicity

Pennsylvania law (specifically 42 Pa. C.S. §8316) protects your "Right of Publicity." This statute prohibits anyone from using your “name or likeness” for commercial or advertising purposes without your written consent.  The term "name" or "likeness" is any attribute of a natural person that identifies him to an ordinary, reasonable viewer or listener. These attributes include: name, signature, photograph, image, likeness and your voice.

Implied vs. Written Consent

While federal law doesn't explicitly bar employers from using employee photos, Pennsylvania is stricter. Many employers rely on "implied consent" (the idea that because you smiled for the camera, you agreed to the post). However, to be fully protected from legal claims, Pennsylvania employers should ideally have a written release signed by the employee.

2. Can they keep using it after you leave?

This is the most common point of contention. Whether your former employer can keep your photo up after you’ve moved on (sometimes to a competitor) depends on what you signed (or didn't sign) during your employment.

Check Your Paperwork

Many modern employment contracts or handbooks include a "Likeness Release." If that document says the company can use your image "in perpetuity" or "after the termination of employment," you may have signed away your right to object.

The "Commercial Value" Factor

Under PA law, if your likeness has "commercial value" (which, for a skilled person such as a tattoo artist, stylist or aesthetician, it often does), using it to draw in customers after you’ve left could be seen as an unauthorized appropriation of your brand.  In addition to the statutory Right of Privacy above, Pennsylvania also recognizes a cause of action called “misappropriation by appropriation of name or likeness.” The tort of invasion of privacy by appropriation of name or likeness does not require you to prove your former employer is using your name or likeness for commercial advantage. 

The Problem of Misleading Content

If the website implies you are still working there, this could cross the line into "false advertising" or "unfair competition," as it misleads the public into booking services with a professional who is no longer available.

3. How to stop a former employer from using your image

If you want your photos taken down, you don't necessarily need to head straight to court. Here is the recommended path for former employees:

Step	Action	Why it matters
1. Review	Re-read your initial offer letter, handbook, and any "Social Media Policy" you signed.	To see if you gave consent and whether that consent expires upon termination of your employment.
2. Request	Send a polite, written request (email is fine) to the owner or HR.	Most small businesses will comply simply to avoid a headache.
3. Revoke	Formally revoke any previous consent in writing.  “The purpose of this letter is to inform you that I formally revoke all prior consent to use my . . .)	This puts them on notice that further use is "unauthorized" under the Right of Publicity law.
4. Demand	Have an attorney send a Cease-and-Desist letter that threatens formal legal action in the event of non-compliance.	This signals that you are serious about protecting your professional reputation.

Note: If you have moved to a competitor or you’ve started your own competing business, your former employer’s continued use of your photo isn't just a privacy issue—it’s a business issue. It can confuse your loyal clients and prevent them from finding you at your new location.

Moving Forward

If you’ve asked your former employer to take down your photos and they’ve refused - or if they are using your face to sell products you no longer endorse - you may have a claim for damages under Pennsylvania's Right of Publicity statute.  Our employment and small business attorneys at Fiffik Law Group, P.C. can help you understand your rights and potential remedies for misuse or misappropriation of your image and likeness.