Labor Law Question For You Legal Eagles Out There

[ocdart]

First, a little history:
I've been involved in aerospace component and system sales for several different companies over 20 years and have a great reputation in the industry.
After 7 years with my last company, I was 'downsized' at the end of 2009 due to the economic condition of the industry worldwide. I was the only one in the Systems Group handling aircraft product sales and service and was the only one in the group who actually had any sales growth during 2009 - all other markets had a decline in sales. But I got caught in the downsizing because I was the junior member of the group, even after 7 years. My former boss, the Senior Manager of the Systems Group, had to take over my sales and business development duties.

Here's the current situation:
My wife accidentally called my old company cellphone number the other day and found it is still operational including my personal voice message using my name in my voice asking customers to leave a message and advising I will return their calls immediately. Today, a friend sent an email to my old work email address (email address format is "my name @ companyname.com". My old boss forwarded it to me by email today since it had an urgent message in it.

...and finally, here's my question:
Does my former employer have the right to use my name and reputation tied to both my former company cell number and company email address? I'm extremely concerned that my industry reputation is getting damaged since my former boss does not have a good reputation in the aircraft industry and has a horrible history of either never returning calls or emails or being extremely delinquent in doing so.

Sorry to be so long-winded, but I am very concerned about this and felt it needed the proper history to explain it all.

Thanks for any assistance you may be able to provide.

 

[OneOfMany]

Not sure what the legal ramifications are, but I think that a letter to your former boss indicating your concerns and the possibility of your reputation being slandered might make them rethink their decision. Or, you could call him and exclaim that you are glad you have been rehired, must have missed the notification and will show up tomorrow lol.

Grant

 

[HawaiiDuster]

If you have all your old contact emails, you could let them know that you are no longer with the company. Also send a letter to your former employer asking to remove anything thats personal. Thats just to cover your rep.

Or you could do up a consulting contract for x amount of dollars with your former employer stating that you would field questions about products and information (what ever it was that you handled). Ask them to respond by a certaing date, but don't bring up the cellphone vm message or email address. When they send you a letter declining your contract, call your old cell and make a recording of the personal message. Have someone email your old email so your former boss forwards it to you. If it all comes back with your personal info, call them and tell them you want your contract paid. Using your name and voice on company business equipment and correspondence constitutes and acceptance of your contract.

 

[crackedback]

If you are no longer under their employ, they should not be using your name for anything!

PERIOD!

Is it possible for you to access the address book for your old e-mail and mass mail a notification that you are no longer employed with the company.

It's tough to prove damages, but, I'd get it cleared up pronto.

 

[C130 Chief]

A minor concern is that they are still doing business with your accounts using your persona. That is, they may be answering your e-mails using your signature block.

A far greater concern is that you still have access to their network. You want to make sure you DO NOT have access. If there is a breach you could possibly be implicated. For this reason, I would not attempt to log into their network, but call the IT department to confirm your credentials have been suspended/removed from access. If you have any sort of Security Clearance, you might want to contact the issuing agency (DoD for example), and ask if your termination has been reported. Discrepancies in employment history are hell on clearances. You need to be proactive in maintaining any clearance.

Assuming your employer had their own domain for their network, your "yourname@ourcompany.com" address was and remains their sole property. If you were issued a Blackberry, phone, laptop etc... all information sent, stored or received on such a device is their sole property as well. So no, you really can't do anything. As for forwarding the urgent email, in many cases when an employee terminates, the account is maintained for a period of time and forwarded to a supervisor to ensure that all business related correspondence continues. If any message was forwarded to you, it was a courtesy, be thankful.

You may wish to independently keep in touch with previous contacts, that is called "networking" and may help you secure a new position with a company you had a good relationship with. However, I would certainly NOT log into their network and send an "I no longer work here, do not contact" type email. If such an action cost the company an account, a contract, or harmed them in any way present or future, they CAN come after you and they WILL win (libel, slander, damages or any one of a number of tortes). Distance yourself from your past employer in a professional manner, your future career may depend on it.

 

[crackedback]

good points c130

Last place I worked, the customers/clients knew I was leaving.

 

[1968FormulaS340]

You should contact an attorney with this one.

 

[ocdart]

C130 Chief -
I have not attempted any access to my former employers system - either email or telephone. My old cellphone number was printed on my old business cards and given to any number of current/prospective accounts over the years. My old email address was for the same purpose: current or prospective customer contact.
Also, I have networked with those former accounts that were of significant value to me.
I'm just upset that my former employer is still using my voice and name for customer contact and possibly damaging my reputation in the industry by their possible non-response to inquiries that current or prospective accounts are thinking they are leaving with me.

 

[JR]

Can you still access your old cell phone by hitting star or pound, entering your 4 digit pass number and erase the message on it? Same with the email or do you have to be on their server to access it?

 

[CudaChick1968]

Ken, PM sent. I've got a referral for you that'll knock your socks off!!!