Is this false advertising or innovative omission of fact!?

[polr]

We have a new employee working for us but unfortunately his previous company have not removed him from their website. We are concerned with this as we do not want any link between the two companies and do not want to give clients any reason to doubt us.

As far as we know he has requested to be moved but even if he hasn't surely this is false advertising to their current and potential customers?

My questions is, what would you do in this situation and what CAN we do? Obviously it looks bad to our clients if it there is confusion but can we force the removal on his behalf given that it could reflect badly on our company?

Thansk in advance.

[Power Lunch Club]

Originally Posted by polr

We have a new employee working for us but unfortunately his previous company have not removed him from their website. We are concerned with this as we do not want any link between the two companies and do not want to give clients any reason to doubt us.

As far as we know he has requested to be moved but even if he hasn't surely this is false advertising to their current and potential customers?

My questions is, what would you do in this situation and what CAN we do? Obviously it looks bad to our clients if it there is confusion but can we force the removal on his behalf given that it could reflect badly on our company?

Thansk in advance.

Why won't they remove him from the previous website?

[polr]

Originally Posted by Power Lunch Club

Why won't they remove him from the previous website?

We do know the owner personally but as to his reasons why... - they are known only to him! 'fraid I can only take a guess!

[Power Lunch Club]

Maybe the trading standards people are the organisation to ask for this one.

I can't imagine they are doing anything illegal leaving someone picture up on their website, unless the are advertising the fact that the potential clients may get this person's services!!

[barryhynd]

I think success in this lies with this employee really making an issue of the fact that he no longer wants to be associated with this former company. I wouldn't be getting involved as the employer in something like this.

There has to be some legality issue here that can be enforced and I certainly wouldn't stand for someone using my picture and claiming I worked for them if I didn't. I would have thought a strong worded letter would suffice and would maybe even consider using a solicitor. It would seem quite similar to a cease and desist letter.

Let us know how you get on Lynne and I hope you get it resolved

[TFGtv.com]

I would agree with Gordon in that there is nothing illegal in having the picture itself up on the website. The IP rights to the picture will probably be assigned to the company that commissioned it. And there may well be a clause in the subjects employment contract which gives permission for their image to be used in publicity materials. Even if there's not there's an implied permission if they posed for it to any degree...

The only 'lever' is that if there's text or something else that implies this person's services ARE available from this rival; for instance if the image appears on an ' our staff' page. But if they're simply seen in a banner (for instance) doing their job then I'm almost certain there's nothing you can do about it. Certainly we've had disgruntled employees try to force our clients to have them removed from training and promotional films etc to no avail.

Depending on circumstance Trading Standards might be in a position to point you in the right direction, it's also possible this might be an ASA issue (Advertising Standards Authority) but I suspect a solicitor's letter might be the lever needed.

[polr]

Hi everyone and thanks for your replies. The image was in the staff section which was why we were bothered. Its been removed now so all is well! Thanks.

[stugster]

Could it have been the company aren't literate and were waiting on their webmaster coming in to do it? Rather than it being construed as an underhand tactic?