Comments on: I have an employee that refused to participate in a photo shoot to be used for commercial advertising.? http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising Documentary Films, Commercial Advertising, New Media, Production, Post-Production Sat, 19 May 2012 03:05:04 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Bill G http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6374 Bill G Mon, 28 Sep 2009 06:29:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6374 You should check with a lawyer in your state. It is unlikely that he has the right not to be photographed under the "at will" doctrine in the U.S. However, there may be some case law to the contrary in your state.In general you can fire they guy simply because you wanted to have the experience of firing someone -- just as long as you don't do so in violation of the exceptions to at will employment in effect in your state (e.g. discrimination, whistle blowing). However, if you fire someone because you just feel like it, he's going to be able to collect unemployment and drive up your rates. The facts suggest that a termination with cause is in order here. A lawyer could help you built a "with cause" file to document a termination with cause. Be sure to document every bad act you have up to this point. When you go to the lawyer, be ready to say "ON may 1, 2007, he said this and A, B, and C heard it."<br><b>References : </b><br> You should check with a lawyer in your state. It is unlikely that he has the right not to be photographed under the "at will" doctrine in the U.S. However, there may be some case law to the contrary in your state.In general you can fire they guy simply because you wanted to have the experience of firing someone — just as long as you don’t do so in violation of the exceptions to at will employment in effect in your state (e.g. discrimination, whistle blowing).

However, if you fire someone because you just feel like it, he’s going to be able to collect unemployment and drive up your rates.

The facts suggest that a termination with cause is in order here.

A lawyer could help you built a "with cause" file to document a termination with cause. Be sure to document every bad act you have up to this point. When you go to the lawyer, be ready to say "ON may 1, 2007, he said this and A, B, and C heard it."
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]]> By: TV TECH-man http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6373 TV TECH-man Mon, 28 Sep 2009 06:02:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6373 First, have you written him up for his "downward slump" as you call it? Second, have you stated in writing your expected results on a daily, weekly or monthly basis of his performance? Third...DID YOU in writing EXPECT him to be available for any commercial advertising during his employment? I didn't think so.... What have you got to stand on? You MUST provide something.... Downward slump....another phrase meaning "you pixxed me off and now I don't want to look at you anymore" Give him his unemployment....your boss will pay for it. Kissing the boss's butt...it's the ONLY way to get ahead anymore...PERFORMANCE of your work, it doesn't matter...Being EFFECTIVE in your work...doesn't matter....MAKING the Boss MONEY....it doesn't matter... What's this world coming to?<br><b>References : </b><br> First, have you written him up for his "downward slump" as you call it?
Second, have you stated in writing your expected results on a daily, weekly or monthly basis of his performance?

Third…DID YOU in writing EXPECT him to be available for any commercial advertising during his employment?

I didn’t think so….
What have you got to stand on?
You MUST provide something….

Downward slump….another phrase meaning "you pixxed me off and now I don’t want to look at you anymore"

Give him his unemployment….your boss will pay for it.

Kissing the boss’s butt…it’s the ONLY way to get ahead anymore…PERFORMANCE of your work, it doesn’t matter…Being EFFECTIVE in your work…doesn’t matter….MAKING the Boss MONEY….it doesn’t matter…

What’s this world coming to?
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]]> By: catywhumpass http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6372 catywhumpass Mon, 28 Sep 2009 05:25:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6372 I think you have a problem, if he is being fired for not wanting to be involved in a photo shoot he will be able to draw unemployment, and perhaps have a legal issue with your company. Has he ever signed a contract stating that he is required to take part in advertisement promotions? Is having his photo taken for such purposes part of his job description? If not, you may want to offer his job back right away.<br><b>References : </b><br> I think you have a problem, if he is being fired for not wanting to be involved in a photo shoot he will be able to draw unemployment, and perhaps have a legal issue with your company. Has he ever signed a contract stating that he is required to take part in advertisement promotions? Is having his photo taken for such purposes part of his job description? If not, you may want to offer his job back right away.
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]]> By: Atavacron http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6371 Atavacron Mon, 28 Sep 2009 04:42:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6371 FORCE work on him....stand over him to see that it gets done. He'll either work or he'll quit fast and lose unemployment. Either way, you win.<br><b>References : </b><br> FORCE work on him….stand over him to see that it gets done. He’ll either work or he’ll quit fast and lose unemployment. Either way, you win.
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]]> By: karl k http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6370 karl k Mon, 28 Sep 2009 04:35:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6370 this is the person that you want to represent your business. you should have paid him a bonus for not showing up. sounds to me like time for the old random drug test.<br><b>References : </b><br> this is the person that you want to represent your business. you should have paid him a bonus for not showing up.

sounds to me like time for the old random drug test.
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]]> By: pnaznp http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6369 pnaznp Mon, 28 Sep 2009 04:10:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6369 DID HE SIGN AGREEMENT WHEN HIRED THAT HE MAY BE USED IN ANY COMMERCIALS?IF NOT, HE HAS ALL RIGHTS NOT TO PARTICIPATE IN ANY PHOTO SHUTS. If U FIRE HIM BECAUSE OF THIS ISSUE , HE WILL GET UNEMPLOYMENT FOR SURE AND THE COMPANY PAYS FOR IT.<br><b>References : </b><br> DID HE SIGN AGREEMENT WHEN HIRED THAT HE MAY BE USED IN ANY COMMERCIALS?IF NOT, HE HAS ALL RIGHTS NOT TO PARTICIPATE IN ANY PHOTO SHUTS.
If U FIRE HIM BECAUSE OF THIS ISSUE , HE WILL GET UNEMPLOYMENT FOR SURE AND THE COMPANY PAYS FOR IT.
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]]> By: marc http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6368 marc Mon, 28 Sep 2009 03:22:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6368 You cannot terminate your employee for failure to appear in marketing materials. You do not own the right to his image, and can't force him to do this as a condition of employment. That being said, he was not terminated for just cause and will probably be awarded UC. However, depending on your right to work/state laws may vary. If you want to be rid of this person, you must have a just cause, such as insubordination, paired with any violation of company policy including being 1 minute late to work. You could write him up for failing to appear as required for a meeting. Lots of avenues here to explore. Get out your handbook, or policy statements and use your imagination. If you really want to find a violation, you probably could for most anyone.<br><b>References : </b><br> You cannot terminate your employee for failure to appear in marketing materials. You do not own the right to his image, and can’t force him to do this as a condition of employment. That being said, he was not terminated for just cause and will probably be awarded UC. However, depending on your right to work/state laws may vary. If you want to be rid of this person, you must have a just cause, such as insubordination, paired with any violation of company policy including being 1 minute late to work. You could write him up for failing to appear as required for a meeting. Lots of avenues here to explore. Get out your handbook, or policy statements and use your imagination. If you really want to find a violation, you probably could for most anyone.
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]]> By: Saoirse http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6367 Saoirse Mon, 28 Sep 2009 03:17:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6367 Unless he signed a contract with you stating that you have the right to use him in commercial advertising material, then you have no claim against him for not wanting to be in the shoot. however.... He sounds really immature, and self centered. Don't fire him, suspend him for an undisclosed period of time, and then he'll eventually quit when he sees no money is comming in. Good luck!<br><b>References : </b><br> Unless he signed a contract with you stating that you have the right to use him in commercial advertising material, then you have no claim against him for not wanting to be in the shoot.

however….

He sounds really immature, and self centered. Don’t fire him, suspend him for an undisclosed period of time, and then he’ll eventually quit when he sees no money is comming in.

Good luck!
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]]> By: irishkittie79 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6366 irishkittie79 Mon, 28 Sep 2009 03:10:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6366 why would you force your staff to participate in a photo anyway? Maybe he doesn't care to have his picture plastered all over advertising for your company. I most certainly wouldn't want my picture out there - there are people I would much rather not know where I work or how to find me. If you fire him, don't make it because of the photo issue, it needs to be his lack of performance. If you have enough "evidence" that he is not doing his job then you can proceed. First you have to have a meeting with him and formally write him up for his performance (or lack of). This should state that it is putting him on probation, so to speak, and if he doesn't improve, he will be terminated. Maybe there is something that he doesn't like that could be changed to improve his attitude at work. Try to get him involved in coming up with ways to make his work life better. If you fire him over the photo, you leave yourself open to a wrongful termination suit.<br><b>References : </b><br> why would you force your staff to participate in a photo anyway? Maybe he doesn’t care to have his picture plastered all over advertising for your company. I most certainly wouldn’t want my picture out there - there are people I would much rather not know where I work or how to find me.
If you fire him, don’t make it because of the photo issue, it needs to be his lack of performance. If you have enough "evidence" that he is not doing his job then you can proceed. First you have to have a meeting with him and formally write him up for his performance (or lack of). This should state that it is putting him on probation, so to speak, and if he doesn’t improve, he will be terminated. Maybe there is something that he doesn’t like that could be changed to improve his attitude at work. Try to get him involved in coming up with ways to make his work life better.
If you fire him over the photo, you leave yourself open to a wrongful termination suit.
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]]> By: aarond53 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising/comment-page-1#comment-6365 aarond53 Mon, 28 Sep 2009 02:33:59 +0000 http://www.aspectmediafactory.com/commercial-advertising/i-have-an-employee-that-refused-to-participate-in-a-photo-shoot-to-be-used-for-commercial-advertising#comment-6365 You can't really fire him for not letting you take his photo, but you can for insolent behavior and insubordinance. I wouldn't ever let a jerk like him work under me.<br><b>References : </b><br> You can’t really fire him for not letting you take his photo, but you can for insolent behavior and insubordinance. I wouldn’t ever let a jerk like him work under me.
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