Can I file a lawsuit against a former employer for sending paysrub unsealed?

After 2 years of extreme mental stress and exhaustion, I was pushed to the brink of quitting work for my former employer. I recieved my last paystub, yesterday. This pay stub was from August. It was mailed to me completely unsealed and exposed to the public. All of my personal informatoione exposed. This is highly embarrassing Not to mention the worry and anxiety it has caused. I want to fole a lawsuit against them for violating my privacy, exposing my personal information, causing me intense emotional distress and any other laws and regulations that were not followed to protect me.

Asked on December 22, 2017 under Employment Labor Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you may not. The law does not provide compensation for what *could* have happened (e.g. theft of any personally identifying information, like SSNs or bank account information, that could have been in paystub), but only for what provably *does* happen: unless you can trace (with evidence) some loss, theft, etc. this, you do not have a claim. Furthermore, you would only have a claim for the actual provable loss or theft: there is no compensation in cases like this for "emotional distress."

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