[FL] Can I sue for unpaid equity, retaliation, and unauthorized use of my likeness after revocation?

FL Employment

Legal Eagle

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Preponderance of the evidence is a 51 percent standard, and the combination of contemporaneous texts, partial performance and payments, witness corroboration, and company conduct consistent with an equity promise can satisfy it if the terms are specific enough and the timeline is clean.

For the name, image, and likeness issue, Florida recognizes a statutory claim for unauthorized commercial use, and post-revocation use strengthens both liability and damages because it undercuts any “permission” argument. (FL Stat § 540.08)

For the equity and compensation side, the timing risk turns on when the breach occurred and whether any writing counts as a “written instrument,” because Florida commonly applies 4 years to obligations not founded on a written instrument and 5 years to those founded on a written instrument.

A practical way to value the likeness harm is to frame it as a reasonable license fee for the period of unauthorized use, then add any proven lost opportunities or measurable business benefit tied to the ads.

Here is what you can do legally, step-by-step:

Build a one-page chronology with exact dates, and for every ad using you after revocation, save the video file, screenshots, the URL, the channel or account name, the run dates, and any advertiser identifiers, then keep your revocation text and delivery details in the same file set.
Use platform removal tools like privacy complaints and copyright removal tools.
If your retaliation theory is tied to pay complaints, file a complaint with supporting timeline and records.
As a bonus tip, send notice to ad vendors with your revocation and a fee schedule for continued use.

Form 1.997 Civil Cover Sheet

Full Conversation

I am seeking an evaluation of potential Florida civil claims arising from a broken verbal equity and compensation agreement, termination under retaliatory circumstances, and the continued commercial use of my name, image, and likeness without consent.

I have contemporaneous text messages, witness corroboration, payment records, and post-termination advertising showing ongoing use after written revocation.

I believe the facts may support claims including breach of contract or promissory estoppel, unjust enrichment, right of publicity, retaliation/constructive termination, and intentional or negligent infliction of emotional distress, and I would like an assessment of viability, damages, and statute-of-limitations exposure. Located in Florida.

Lexi, Chatbot

I understand that you're dealing with a complex situation involving multiple potential claims, which can be quite stressful. Have you already consulted with any legal professionals regarding this matter?

Yes.

Lexi, Chatbot

Can you provide more details about the timeline of events related to the agreements and the termination?

Solicitation can be proven by text messages.

An agreement was reached and partial consideration was exchanged. I was recruited to help build and operate the business with the understanding—confirmed through text messages and subsequent conduct—that I would receive a defined equity interest and profit-based compensation in addition to salary.

Over the course of my involvement, I performed core operational, branding, and growth functions consistent with an ownership-level role. During this period, I received partial compensation and other indicia of the agreement (including bonus payments and authority consistent with the promised equity).

After raising concerns regarding compensation and formalization of the equity arrangement, my role was materially altered and then effectively terminated under circumstances I believe were retaliatory.

Following my termination, the company continued to use my name, image, likeness, and prior work in advertising and promotional materials. I formally revoked consent for any such use, but the use continued afterward.

I can provide a detailed, date-specific timeline with supporting text messages, payment records, witness corroboration, termination communications, and post-termination advertising upon request.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

Yes.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today.

I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

What is the timing of when you sent the written revocation of consent for use of your name, image, and likeness, how was it delivered, and what specific ads or materials continued using you after that?

The revocation was sent the day of my constructive termination.

I sent it by text message revoking the use of my name, voice, and likeness. The harm is ongoing, but after a successful independent campaign, I was able to get YouTube commercials removed by the advertising companies after the former partner/employer would not take them down upon legal demand and a follow-up cease and desist.

Legal Eagle

Got it, thanks for the clarification.

Could you tell me more about the nature of your role and responsibilities in the company before your termination? This will help in understanding the context of your claims.

Prior to my termination, my role extended well beyond that of a standard employee.

I was responsible for core operational, client-facing, and growth functions, including meeting directly with families to make financial arrangements, supporting day-to-day operations, contributing to marketing and advertising strategy, coordinating with vendors and partners, and assisting with expansion planning.

I was entrusted with significant responsibility and discretion, including access to and use of the company credit card for business purposes, and I regularly operated with autonomy consistent with someone positioned as a long-term stakeholder rather than a purely at-will employee.

I was consulted on strategic decisions and relied upon in ways that reflected the understanding that I was helping build the enterprise with the expectation of an equity and profit-based interest, not merely performing discrete tasks for wages.

I can provide specific examples, contemporaneous communications, and corroboration demonstrating the scope of my responsibilities and the authority I was given.

Legal Eagle

Understood! So you're just wondering what your rights are here, correct?

That I can fulfill the preponderance of evidence.

Ok, I’ve got what you’re getting at here! Were there any other facts you’d like to add before I answer your question?

Many, but you have the pertinent information. I don’t want to try a case before you.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible.

Okay.

Legal Eagle

Thank you so much for chatting with me on this.

How I understand this is that you were brought in to help build and operate a business based on a text-confirmed verbal deal for equity and profit-based compensation, and you performed high-responsibility work through your constructive termination.

You revoked consent by text for any continued use of your name, voice, and likeness, but ads kept running afterward until you pushed ad companies to remove some commercials later.

You want to know if your proof can meet “more likely than not,” what claims look strongest, what damages look realistic, and how statute-of-limitations timing could affect you.

That’s how I understand it.

Legal Eagle

Here is what you can do legally, step-by-step:

Build a one-page chronology with exact dates, and for every ad using you after revocation, save the video file, screenshots, the URL, the channel or account name, the run dates, and any advertiser identifiers, then keep your revocation text and delivery details in the same file set.
Use platform removal tools like privacy complaints and copyright removal tools.
If your retaliation theory is tied to pay complaints, file a complaint with supporting timeline and records.
As a bonus tip, send notice to ad vendors with your revocation and a fee schedule for continued use.

Legal Eagle

Does that help clarify things?

That looks sufficient.

Legal Eagle

Did I thoroughly address your question?

I think for the depth that I can expect, you gave me a decent guide to follow in the interim. I have already retained counsel but am gathering the remainder of my evidence.

Legal Eagle

It sounds like you already have counsel in place and are now finishing the evidence package. Focus on tightening your proof to the clearest items: date-stamped texts, payment records, and archived ads. Keep everything organized chronologically.

I was making sure every claim was tied to more than one piece of evidence like a phalanx.

Legal Eagle

That is a smart approach. Keep pairing each claim with time-stamped communications, objective records, and corroboration. Fill any weak gaps with clear, date-specific proof.

I have that ad nauseam. I’ve built a matrix.

Legal Eagle

That level of organization helps. Keep linking evidence across your full timeline, especially pairing revocation with continued ad use.

Legal Eagle

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