What are my rights for an employee disclosure of sensitive company information?

An employee posted sensitive company information on-line, via pictures, including bank account number, customer names and balances. I’ve been advised to close the bank account and open a new one, which means ordering new checks and deposit slips. Is there any recourse I can take to offset the cost of this now former employee’s poor judgment?

Asked on September 9, 2010 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should contact an attorney. You may be able to sue the employee, and possibly also the employer (employers are responsble for  the acts of their employees, committed during the course of their employment), for damages caused by their posting of sensitive, private, or confidential information. Their negligent (unreasonably careless) or intentional wrong act has caused your business losses--the costs of reprinting materials, possibly the cost of credit monitoring for  the company going forward, any costs associated  with closing one account and opening another, etc. Whether it is ecnomically worthwhile to sue is a different issue, and one you can discuss with an attorney, who can evaluate the entire situation and help you determine if you do in fact have a claim and how strong it may be, as well as what it may be worth.


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